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  1. #1
    Join Date
    Dec 2010
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    Default Penalties for Lying on Birth Certificate

    My question involves paternity law for the State of: Pennsylvania and New Jersey

    I've searched all over the internet for answers to my problems and figured I would give this forum a chance before I contacted a lawyer, so please bear with me as I try to explain this problem. I'm 21 and my girlfriend got pregnant in January, during the summer we broke up and she stopped talking to me and letting me know about what was going on with the pregnancy. She ended up having my son in September and moved from New Jersey to Pennsylvania last week with some guy she has been dating for a few months now.

    My questions are
    1) her new bf's name is on my sons birth certificate. I was wondering what are the legal penalties that she and he could face cause the falsified the document?

    2) since my name is not on the birth certificate what rights do I have?

    3) Is there any chance that she could get her parental rights taken away?

    4) In the case that I can't get full custody or atleast 50-50 physical custody is there anything a judge can do to stop her from moving out of state?

    Thank You

  2. #2

    Default Re: Penalties for Lying on Birth Certificate

    Quote Quoting frompr2cm
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    I'm 21 and my girlfriend got pregnant in January, during the summer we broke up and she stopped talking to me and letting me know about what was going on with the pregnancy. She ended up having my son in September
    Until a DNA test confirms this, don't COUNT on this being YOUR child.


    1) her new bf's name is on my sons birth certificate. I was wondering what are the legal penalties that she and he could face cause the falsified the document?
    You only ASSUME this is your child. If the STATE cares to pursue the matter, they'd have to prove that she knowingly and willingly committed fraud. If she was sleeping around, she herself may not know with absolute certainty whose child this is, and that negates the intent aspect of a fraud charge. Don't count on the state to intervene. Our legal system is set up to recognize paternity within intact marriages. Making babies outside of marriage means you're willing to give up those protections and will have to take the burden on yourself to seek and establish paternity by filing a case with the family court where the child resides.


    2) since my name is not on the birth certificate what rights do I have?
    None. Legally, you do not exist at this point. You'll need to file a motion to establish paternity. IF you are found to be the father, the birth certificate would be amended. Then, you'd be able to file for visitation, and expect mom to file for child support.


    3) Is there any chance that she could get her parental rights taken away?
    Based on....what? Parents have a Constitutional right to their children. She'd have to be proven to be dangerous to the child or unfit (very hard to meet burden). Are they going to take away her parental rights due to a question of the right father being on the birth certificate? No.


    4) In the case that I can't get full custody or atleast 50-50 physical custody is there anything a judge can do to stop her from moving out of state?
    Realistically, you're not going to get full custody. Mom has been the primary caregiver up until now, and you've not even filed for paternity yet. Status quo counts for a LOT in family court. If you want to stop her from moving out of state, work with your attorney to work in such wording to your custody agreement (and other things, like right of first refusal, depending on how far away you live from the child). Be aware then even WITH such language in an order that says she can't move out of state, that doesn't mean ABSOLUTELY cannot, ever. It means can't without permission from the court, which she may STILL be able to secure after the order is issued. The legal reality is that the only way to be 100% certain of where the child will be at any given time in the future is to be married to and cohabitating with the other parent. Beyond that, you're taking chances if having children out of wedlock or having children and then getting divorced.
    Catherine NeSmith
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    AARDVARC.org, Inc.
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  3. #3
    Join Date
    Feb 2010
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    Default Re: Penalties for Lying on Birth Certificate

    You can petition for a court to recognize you as the father but then you would have to pay 25% of your income, at least, to the mother to spend however she likes. Sounds like a good plan??

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