Can Potential Biological Father Ask for Paternity After 8 Years of Denial

[Rightanswernow]

My question involves paternity law for the State of: New Mexico.

I met my wife in 2003 after she had a child. Potential father of child took no responsiblity of child. I took responsibilty and in 2005 my wife and I put me as the father on her birth cert. ( other name on cert was not biological father) so we added me and changed her last name to mine. Today 2011 potential father called and wants to be in her life now. Does he have any right to mess up our family ( my daughter life). She was 11 monthes when we got together and I'm her father. She does not even Know anything different. This child is my responabilty and is in the system here in new Mexico as mine. Help please, don't want her to think I'm not her father. She 8 now...

[jk]

so, you committed fraud and lied so you could put your name on the birth certificate and illegally changed the child's name and on top of that, the mother had some other guy that she knew wasn't the biological father listed on the BC as the father?

She was 11 monthes when we got together and I'm her father

No, you are not her father neither legally nor biologically.

Help please, don't want her to think I'm not her father.

then I guess you shouldn't have lied to her the first 8 years of her life.

given how screwed up this situation is, I suspect the "father took no responsibility" had reasons like maybe the mother never told the guy she was pregnant or that it was this other guys that ended up on the BC.

I suspect the child will get to learn how dishonesty can really hurt people. It's too bad. She didn't do anything in this entire thing and she is the one that is going to get hurt. Shame on you for deceiving everybody involved.

[Dogmatique]

WHO was the other party named on the birth certificate?

[Rightanswernow]

First guy on bc was thought to be father but was not and died. Guy now saying he her dad knew about her when she was born and did not do anything about it. I came in the pic and took responsibilty because no child should grow up with out a father. Fraud or not I'm still her father. I'll pay for what I have done and won't change anything I have done for my child!!!

[Dogmatique]

Please explain how you were able to add your name to the birth certificate.

It's important.

(There WAS someone else on there originally after all)

[Rightanswernow]

Ok, now I remember. When she was born my wife gave her the dead fathers last name before he died. And before established he was not the father. There was no father named on the cert. I willing signed it and changed her last name to ours. 2 years after she was born and real father never stepped up. That's why I did it.I signed the AOP. Is that still fraud, I didn't gain anything from it but a daughter.

Also if father wants a test to see if she is his and is will they change her name to his or is that to late because I signed the AOP and she is 8 now.

[free9man]

They won't change her name unless he gets a court to order it and would have to present convincing evidence why the change is necessary. If he is determined to be the bio-dad, he can seek custody and/or visitation with his daughter. By the same token, bio-mom is then free to seek custody and/or child support.

How did they determine that the deceased was not her bio-dad? One post you say deceased was on BC, next you say no one was. Which is it?

Right now, you are a legal nobody to the child. This is going to be between bio-mom and possible bio-dad.

[Rightanswernow]

Mistake, no father was on cert till I signed it. So legally I'm not anything to her.
First dude was tested by DNA to not be father and her last name was his. So I changed it.

[llworking]

I disagree with some of the responses in this thread.

You are indeed the child's legal father at the moment, because you are on the child's birth certificate. However, because you and mom added yourself fraudulently, your fatherhood is subject to challenge.

Each state is different in respect to how many years can pass before legal fatherhood can no longer be challenged. You would need to consult with a local attorney on that particular issue.

In order for the putative biological father to obtain any rights, he would first have to be allowed to challenge your legal paternity. If he was allowed to do so under the statutes of your state, and was found to be the child's father, he could then sue for custody/visitation and would be obligated for child support.

[Rightanswernow]

So if the statue has passed we can stop this. We already told her about the sitution and she wants to meet him. But don't want her to get hurt.