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Disestablishing Paternity Part 2?
OK.... He has NOT ever been a part of this child's life, and vice versa. He signed the birth certificate thinking the child was his but the baby was born 7 months into the relationship weighing in at a healthy 9 1/2 lbs. My bf thinking this was odd seeing as how they had only been together 7 months began asking questions and the woman admitted that he wasnt the father. Because he had signed the certificate the state of Maine helf him liable for child support. The mother sent in a letter to a department of human services hearing stating that he was not the father. He was under the impression that after the hearing all was resolved, once realizing it wasnt his attempts to remedy this have fallen on DHS'S deaf ears. Do I think he was stupid for signing the certificate when in doubt? ABSOLUTELY. however he did and now I am trying to help him out of a problem that could happen to anybody. This woman is still collecting child support knowing he is not the father, isnt this fraud?
3 Answers
- Anonymous1 decade agoFavorite Answer
Establishing Paternity
Paternity establishment is a procedure to determine the legal father of a child born outside of marriage by either a court order or an Affidavit Acknowledging Paternity. The husband is considered to be the legal father if the mother was married when the child was born.
If the mother and father were not married at the time the child was born, paternity must be proven before the court will enter an order for support. Proof will generally consist of a Affidavit Acknowledging Paternity, scientific genetic testing, direct testimony of the mother, or other available evidence. If both parents agree to sign an Affidavit Acknowledging Paternity, the parents do not have to go to court to establish paternity for their child.
If you signed the Affidavit Acknowledging Paternity you can still have the paternity test later subject to the following time limits. A person who has signed an acknowledgment may rescind within 60 days after signing. After the 60- day period, and up to 3 years, a motion to set aside the acknowledgment may only be based on allegations that the acknowledgment was obtained by fraud, duress, or material mistake of fact. Then the court may direct the mother, the child and presumed father to submit to scientific testing for paternity.
That is the Law in Arkansas check with local child support services in Maine. I think that he was most likely in love when he signed child support papers, otherwise it wouldn't make sense at all.
- 4 years ago
how grew to become into paternity favourite in the beginning? regularly if the daddy would not agree he asks for a paternity attempt at that ingredient... if he did no longer do this then he ought to have agreed that he grew to become into the daddy. he will pay on his very own to get a paternity attempt and spot what the end result's. no count if that's foundthat he's no longer the daddy the can take it to the courts to get the toddler help taken off of him. Why did he watch for 7 years to compliment he did no longer desire to be this childs father? and why would not he care approximately this toddler after 7 years? and why are you pleased with a guy that has a toddler for 7 years and has no emotions different than money with regard to the toddler?
- 1 decade ago
You need a lawyer, probably not the answer you want to hear - but you need to go through the appropriate legal channels. It may cost you now, but at least he wont continue to pay for a child that is not his, nor that he can see and be a part of his/her life.
