How to Establish Paternity After Mother Marries and her Husband is Named as Father

[Dogmatique]

The only person liable for child support are the child's legal parents.

[imthedaddy]

Not to beat this dead horse of a thread (still has some life to it, I guess), but I hear stories all the time about guys who are served child support papers (or whatever you would call them) for back child support for a child they didn't even know they had. Is this true? What's different in my case? In my case, there was a point in time when I was even writing out non-court-ordered checks to the mother for child support. I even have paternity test results showing that I am the paternal father. Are these stories I hear just internet wives' tales or is the fact that someone else was named the legal father the only thing keeping me from being legally obligated to pay?

[Dogmatique]

Yeap, there is a legal father. He is the child's ONLY father as far as child support and the legal world are concerned.

[imthedaddy]

Well, here's an update. I just got a letter in the mail from the MA Child Support Enforcement Division. The mother apparently wants to establish paternity now. Can they switch the name on the birth certificate without my consent? According to the website, they can get paternity switched if the mother and the legal father consent to having the birth certificate changed so that I am listed as the legal father. Do I not have to consent to this, as well?

[NYI310]

You have to consent. But you would not be liable for back child support. Your child had a father for 11 years who was responsible.

If you do consent, you will be responsible for child support moving forward.

On the other hand. If you do consent, you can petition for visitation and such.

On a side note, changing the BC does not automatically change the child's last name to yours. Hypothetically speaking, she could have named the child Mickey Mouse, giving the child Mouse for a last name.

[Dogmatique]

You have to consent. But you would not be liable for back child support. Your child had a father for 11 years who was responsible.

If you do consent, you will be responsible for child support moving forward.

On the other hand. If you do consent, you can petition for visitation and such.

On a side note, changing the BC does not automatically change the child's last name to yours. Hypothetically speaking, she could have named the child Mickey Mouse, giving the child Mouse for a last name.

No, he does not have to consent. But if he doesn't, he could be found to be the father by default.

Because this child has had a legal father for 11 years, I believe this OP needs an attorney - and fast.

[imthedaddy]

So why would I need an attorney due to the fact that my daughter has had another legal father for 13 years (not 11)? Wouldn't I need an attorney regardless?

[Dogmatique]

Well - it really does depend on what your end goal is here.

Do you want to be Dad?

It would help if you could post a link to the site you mentioned.

[imthedaddy]

This is an extension to this thread which has since been closed (probably due to my inactivity):

http://www.expertlaw.com/forums/showthread.php?t=140211

If a mod want to merge this with that other thread and reopen it, that would be cool.

My question involves paternity law for the State of: MA

Sorry I bailed in the middle of our discussion. I imagined the theoretical likelihood of my baby's mama Googling "establish paternity ma" and instantly putting two and two together after happening upon this thread. Then I thought about how little it matters if she knows I am asking questions on the internet since anyone with half a brain in my situation would naturally be doing the same.

Anyway, things have apparently changed. The aforementioned child support case with the DOR that was opened this past May was closed this past July. The CSEA of MA will not divulge any information as to why except that it was at the other party's request. They won't even give me objective information as far as what actions were taken in the case, which actions were successful, and which failed. Am I legally entitled to any files on this case?

So my daughter tells me earlier this month that she was in town the week of July 4th. She also said that her mom "got the birth certificate thing done while they were here". Keep in mind this was all after the case had been voluntarily closed.

To see what I could come up with, I called the office of vital statistics here in Ohio and they confirmed that my name is *not* on the birth certificate. I called again just last week and they confirmed the same once again. This time, they told me to call the probate court and also vital statistics in Columbus (state capital). I called both and was told that they have no records of activity on file regarding my daughter's birth certificate. I was also told to contact the court who handles divorce records because the mother would have had to amend the decree to indicate that the false father's name be removed. They told me that the only and last amendment made to the decree was in 2010 and it was for spousal support. So what is going on here? Is the mother just blowing smoke or is there something else she could be doing off the radar?

I called the MA DOR once more this week to see if I could get any more information out of the case. They finally at least told me that they are unable to proceed because the state of Ohio needs to "intervene". I don't know what that means since "intervene" basically means to prevent something from happening or at least change its course. The guy said he didn't know either, that I have to contact the case worker, but she's no longer returning my calls. It seems like the word they're trying to use is "assist" or "comply". If so, could the process have just been too difficult and emotionally stressful for her or did she encounter a legal roadblock that caused her to give up?

Since I know nothing and am apparently not entitled to know anything, I'll see what you all will have to say. What could have stood in the mother's way of getting this done legally? What could have made her close the case? What could she be doing off the radar right now and what can I do to find out?

[jk]

I suspect mother figured out she could not change paternity this late in the game so the case was dropped.

the reason Ohio would have to intervene is this deals with a birth in Ohio. Paternity was established in Ohio. Childs birth was in Ohio. I'm not seeing anything that MA could bring to the fight.

I wonder if mother didn't simply list you as the father when applying for welfare and they started to run with it. After they discovered there is a legal father and it isn't you, they quit chasing you.

Am I legally entitled to any files on this case?

No.

She also said that her mom "got the birth certificate thing done while they were here"

sounds like somebody is not being honest with somebody else. Whether it is the mother lying to the child or the child lying to you I can't say.