Wrong Father Named On The Birth Certificate

[Jamonnelson1]

STATE OF ARKANSAS

The mother of my child allowed another man to sign the Birth Certificate knowingly. Both of them were well aware of the fact that I was the biological Father. She said her reason for this was she didn't not want her children to have different last names. The mother and the person who signed the Birth Certificate were not married at the time but were engaged. She has an older daughter and a younger son by the same person. This event took place more than 6 years ago. Since then I have had a stagnant relationship with my daughter because I am not the legal parent. Well, in the past two year they have since gotten a divorce. In the divorce settlement he was ordered by the courts to pay child support for his two biological children but she did not seek child support for my daughter. Now she has filed a child support claim against me. I had to sneak and take a blood test with my daughter when she was less than two years old. So I do have the proof that she is daughter. I am basically worried about trying to provide for my daughter all these years, and having her to file for back child support. Can anyone give me any advice?

[moburkes]

STATE OF ARKANSAS

The mother of my child allowed another man to sign the Birth Certificate knowingly. Both of them were well aware of the fact that I was the biological Father. She said her reason for this was she didn't not want her children to have different last names. The mother and the person who signed the Birth Certificate were not married at the time but were engaged. She has an older daughter and a younger son by the same person. This event took place more than 6 years ago. Since then I have had a stagnant relationship with my daughter because I am not the legal parent. Well, in the past two year they have since gotten a divorce. In the divorce settlement he was ordered by the courts to pay child support for his two biological children but she did not seek child support for my daughter. Now she has filed a child support claim against me. I had to sneak and take a blood test with my daughter when she was less than two years old. So I do have the proof that she is daughter. I am basically worried about trying to provide for my daughter all these years, and having her to file for back child support. Can anyone give me any advice?

Unfortunately, its too late for advice. You knew that the child was yours, but you should only be held accountable for the support from the date of filing. You need an attorney so that you won't be held accountable for past support, and to help you navigate through getting proper visitation rules established.

[Jamonnelson1]

I don't see why I should be punished, He knew before he signed the BC, that it was not his child.

[moburkes]

And, apparently, you knew the same thing. You could have gone for paternity at that time. You chose not to.
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From PM by OP:
The things is that I was not aware that this person sign the BC until I just so happen to stumble upon a shot record when my daughter was about 6 months old, when I confronted her about I was not allowed to see my daughter until she was almost 2 years old. I would not mind paying Child support if I can have her name changes to my last name which was a right I was denied in the 1st place
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Your responsibility to pay child support is not predicated upon your wish for your child to have your last name. You can ask the judge and/or the mother about that. It has nothing to do with child support.

[Jamonnelson1]

OK! I am knew to this, I don't see why I thought I could get an Helpful Unbiased opion from anyone on this site. I am not going to Put all of my personal businesss on the forum but, Like I said Her intention was on me not being able to have any legal rights to my daughter. She had what was her soon to be husband sign the BC, I found out at a later date. Then I came up with the money to get a PT. I do have the PT records. Being that he signed the BC, that still gives him/her Legal custody over my child. Now she wants to put me on CS, per AR law there is no way the BC can be changed after 3 years. If anyone can give me a unbiased honest opinion.

and for moburkes. i have taken care of my daughter anyway. Even after having police called on me and the rest of the drama i was put through just so my daughter would know her real father!

[moburkes]

OK! I am knew to this, I don't see why I thought I could get an Helpful Unbiased opion from anyone on this site. I am not going to Put all of my personal businesss on the forum but, Like I said Her intention was on me not being able to have any legal rights to my daughter. She had what was her soon to be husband sign the BC, I found out at a later date. Then I came up with the money to get a PT. I do have the PT records. Being that he signed the BC, that still gives him/her Legal custody over my child. Now she wants to put me on CS, per AR law there is no way the BC can be changed after 3 years. If anyone can give me a unbiased honest opinion.

and for moburkes. i have taken care of my daughter anyway. Even after having police called on me and the rest of the drama i was put through just so my daughter would know her real father!

I'm not sure why you thought my advice was not helpful. I have no bias. I'm not your baby's momma. So, if her intention was that you not have any legal rights, and you WANTED to have rights, then you could have gone to court. You chose not to. We can't undo the past, but there were things that you could have done at the time, but chose not to do. Are you going to acknowledge that?

[moburkes]

In your 2nd PM to me, you say something different from what you've written here.***************
Here is the PM:
OK, I swee that you must not have ready the whole question. If you see I told you that I did take a PT, I had to sneak and do that, Two I said that I didn't not know that he signed the BC, I found out when she was about 6 and she left some shot records in her baby bag! OH I see what this is you must be a women! I can tell because there is bias in your statements, thats funny.

***************

So, if you didn't find out unti lyour daughter was 6 that answer person acknowledged paternity, why didn't YOU attempt to get paternity acknowledged during the 1st 6 years?

I don't see why I should be punished, He knew before he signed the BC, that it was not his child.

If you didn't know it was signed, regardless of his reasons for signing, why didn't you do something?

In the PM you say that your daughter was 6, in the post you say that she was 6 months. There is a huge difference between the 2 numbers. We can't help you if you don't provide accurate information.

[Jamonnelson1]

Yes, 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 as
provided by Ark. Code Ann. §9-10-108.

this is one of the existning laws about paternity in my state, I have tried researching the information, at the time I could not afford to retain a lawyer or the exspence of having a legal battle, I can't afford that now! So because of my personal situation I had to take seeing my daughter the way her mother dictated.

[Dad2]

I think the question is, what do YOU want out of this?
Do you want to part of your childs life?
1st things first...
Most likely, you will not be responsible for past child support.
Now, if she files today for child support, and you drag this out for 2 years, and it is finally determined (by the courts), that you are the father, then you will be responsible for 2 years of child support.
You are only responsible from the date of filing.
Now, should you decide to take responsibility, you have rights.
You have the right to see your daughter. Ask for 50/50 custody. Make a parenting plan, that will allow you as much time with your kid as possible.
It doesn't matter if you like the advice on here or not.
Fact is,. just because it isn't what you want to hear, doesn't mean it's not true.
If you want someone to tell you everything is ok, and a kiss on the forehead, goto your Mom.
If you want sound legal advice, then come here.
What's in the past, is over. Whether or not you had a PT done or not, whether or not you fought for your child or not, is water under the bridge.
Fact is, you brought a precious little girl into this world, and now you have to take care of her.
Find a lawyer. Check to see if you are eligible for free counsel. If not, most lawyers will give you a free first visit.
Spending $2,000 on a lawyer, could save you 10x that amount.