My Son Was 17 when He Signed a Birth Certificate, at the Hospital

[margie1208]

My question involves paternity law for the State of: Florida
My son signed a childs birth certificate while in the hospital with his girlfriend that just gave birth. The child is not his. The relationship lasted 2 years and now they are broken up and he is with another girl that is pregnant with his child. He has been helping the ex girlfriend with money for the child he knew as his for the last 6 months but just out of pocket, nothing legal. He cannot afford to keep giving this ex girlfriend support money with a child of his own on the way. What are his responsibilities to the first child?

[cyjeff]

He is the legal father of the first child. If the mother wishes, she may take him to court to begin child support payments.

When he signed the birth certificate and, most importantly, began raising the child with the mother, the financial well being of that child became his responsibility.

[Dogmatique]

Exactly when did he sign those paternity papers?

(If he can't afford to keep supporting the first child, he quite honestly has no business in creating another)

[margie1208]

Maybe so but whats done is done, Hind site 20 20 and all that and he signed them in the hospital with his then girlfriend.

[Mr. Knowitall]

You're not going to answer the question?

[jk]

Maybe so but whats done is done, Hind site 20 20 and all that and he signed them in the hospital with his then girlfriend.

so he lied on the paternity paperwork in order to claim paternity? as well as the mother doing the same?

[margie1208]

The boy was in love for the first time, trying to do the right thing, hearing about all the abuse the then girlfriend was taking from everyone else, she was kicked out of her home which was very dysfunctional, but she was a manipulator to this boy and he did not understand the severity of what he signed and just what it meant. OK so he was immature but is that a life sentence to have when he has no contact with either one of these people now and does not want any. What I am saying is he has no relationship with the child and no fatherly feelings at all for this child which has a new man in his life ( the mothers new boyfriend) We live in a small town and news to one is to all.

[jk]

OK so he was immature but is that a life sentence to have when he has no contact with either one of these people now and does not want any.

as the father, he does have the right to sue for visitation, and even custody of the child. If he refuses to exercise his rights, that is on him. Doesn't give him the right to escape the responsibilities he took on by lying and signing the paternity paperwork.

- - - Updated - - -

he has a real problem due to his actions. Florida statute 742.18:

(3) Notwithstanding subsection (2), a court shall not set aside the paternity determination or child support order if the male engaged in the following conduct after learning that he is not the biological father of the child:
(a) Married the mother of the child while known as the reputed father in accordance with s. 742.091 and voluntarily assumed the parental obligation and duty to pay child support;
(b) Acknowledged his paternity of the child in a sworn statement;
(c) Consented to be named as the child's biological father on the child's birth certificate;
(d) Voluntarily promised in writing to support the child and was required to support the child based on that promise;
(e) Received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded; or
(f) Signed a voluntary acknowledgment of paternity as provided in s. 742.10(4).

the only possibility I am aware of that would allow him to be removed as the father is if the real bio father would sue to establish his paternity.

[Mr. Knowitall]

The boy was in love for the first time, trying to do the right thing, hearing about all the abuse the then girlfriend was taking from everyone else, she was kicked out of her home which was very dysfunctional, but she was a manipulator to this boy and he did not understand the severity of what he signed and just what it meant. OK so he was immature but is that a life sentence to have when he has no contact with either one of these people now and does not want any. What I am saying is he has no relationship with the child and no fatherly feelings at all for this child which has a new man in his life ( the mothers new boyfriend) We live in a small town and news to one is to all.

You have been repeatedly asked how long ago this occurred. How about answering?

[margie1208]

just 3 years