[deerpest]

I recently found that a child support case was opened against me in Idaho. I live in Texas and the child was born in Colorado. The child is now 16 years of age, born in 1991. The father on the child's birth certificate is not me. It appears the father on the birth certificate was confirmed not to be the biological father. Although I was a Junior in High School at the time it is possible that the child is mine. I'm currently seeking legal council as I'm not sure if I should voluntarily take paternity testing or take everything to court which may happen anyway. I have never been made aware of this child in the past and want to know what legal rights I have and grounds are for dispute. I'm not running away from it or anything but can't see how the current father cannot be made liable for child support after raising this child for 16 years. I have 2 children now, my youngest is 3, and if I found out I was not the biological father for either I would fight everyday till enernity to ensure that I continue to provide support for and in the childs life as their dad and if possible maintain custody.

[muttmommie]

Then your strong paternal instincts should kick in and you should offer to submit to DNA testing and, if found to be the father of this child, you should step in and fill the void created by the abandonment by the father that raised him for 16 years.

I wouldn't think that you would be liable for any retro support since there was no prior attempt to inform you of this child. However, I am not an attorney.

[deerpest]

I do want to know if this is my child and don't mind stepping up and taking responsibility since their father won't. However, I would prefer that it be on my terms since I have had no involvement in raising this child and will basically have no influence in the future. He/she is practically grown now and the best I could be now is a friend or penpal and only if he/she chooses. I'm a total stranger. Although I want to know if it's my child I'm suprised the person they've called Dad for 16 years is being held accountable, at least to some extent. He could have checked paternity 16 years ago himself but chose not to. Since he did not is the father then presuming and accepting responsibility for raising the child as his own?

[Just Breath]

If a child support action has been filed against you, then you have to timely respond or a default order will be entered against you. Since you have no way of knowing whether you are, in fact, the father of this child, you should file a response denying paternity and requesting DNA testing. If you wait too long and a default order is entered, it can be difficult to reverse it. You could be legally established as this child's father by default and ordered to pay support, possibly even back support.

How do you know an action is pending against you? Were you served with a suit? You would only have 30 days from the date you were served with a suit to file your response with the court. If a suit was served on you, who is the petitioner? The child's mother or the State of Idaho?

[deerpest]

The information I received from Idaho Child Support Services just stated that a case had been open against me. There was some information, (name, address, phone #, etc..) they wanted confirmed. I didn't recognized the name so I called and they told me that the child already had a father, didn't need 2, so would mark my information as void. I later received a letter from Texas Child Support Services stating my case had been transferred to them and that the records should be available in 10 days. 10 days later I got the same letter again. I called Texas and all they knew was that they were asked by Idaho to help in this case but had no further info. When I called back to Idaho I was able to learn that the current father was confirmed not to be the biological father and it fell back to me. I was able to learn the mother's maiden name and I confirmed that I knew her in High School. I confirmed all my information for them and now I'm told to wait. The only good news from Idaho was that the only back support that could be collected was from when the case was open. This all has been pretty upsetting for me and my family. I'm wondering if either the mother knew it was mine and commited fraud by putting the other guys name on the birth certificate or the guy accepted the responsibility as the father. Either way, if DNA shows I am the father, then I've been denied 16 years of being able to be apart of this child's life; And unless the child wants to, I will continue to not be apart of their life but may still have to pay for it. I remember seeing this woman 5 years after graduation and even then nothing was ever said to me.

[Just Breath]

Truth is, if this woman slept around in high school, she may not know who the father is and was too embarassed to come forward. If she is now or has been on state aid, the state would first demand she identify the child's father or "possible fathers" so that the state could recover reimbursement through child support. Sounds like, perhaps, the other "father" was tested and excluded as the bio dad, so now they are looking at you and, under the Uniform Parentage Act, have requested Texas' help. Once they serve you with a suit, you should request DNA testing to nip this in the bud....it's possible you are not the father, either. If you are and are ordered to pay support, be glad jurisdiction is not originating in Texas because Texas would seek 4 years of back support from the date the suit is filed. It's up to you to seek visitation with your child, if he is yours....the state will not address visitation or custody in their suit, they are only concerned with the financial support of this child.

[Just Breath]

This all has been pretty upsetting for me and my family. I'm wondering if either the mother knew it was mine and commited fraud by putting the other guys name on the birth certificate or the guy accepted the responsibility as the father. Either way, if DNA shows I am the father, then I've been denied 16 years of being able to be apart of this child's life;

As I said, if she had several sex partners at that time, without a crystal ball she would not be able to identify the true father on her own. She would not be committing fraud unless she KNOWINGLY identified the wrong man as the child's father.

And unless the child wants to, I will continue to not be apart of their life but may still have to pay for it. I remember seeing this woman 5 years after graduation and even then nothing was ever said to me.

It is not the child's choice at all as to whether or not you are allowed to be a part of his life. Once you are identified as the child's father, if you are, then you have the right to request at very least visitation rights and, most likely, would be granted such rights by the court. It may be graduated visitation at first since the two of you are virtual strangers to each other at this point. If the court so orders, then the mother HAS to allow and facilitate such visitation.

[deerpest]

I appreciate the information. Thank You. It's good to know that if I am the biological father that I may have the opportunity to see and visit with the child. I wish I could get more information on what's going on; Specifically how it is after 16 years the child's biological father has come into question. I've already spoken with a couple of attorneys here in Texas and neither of them had ever seen paternity come into question after such a long period. By now paternity is established, the child has been adopted, or the biological father has released all his rights to the current father. I'm told that until genetic testing is done, there's no way to get any additional information about the case. I was also told that in Texas if a child lived with and was presumed to be the child of the father and raised as such, even for a short period of time, that the presumed father, in most cases, would be held liable for child support regardless of DNA testing. But if this father just won't step up and take responsibility and I am the biological father I will fullfill my obligations. There just so many questions I want answered, regardless of outcome. We were in Juniors in High school at the time and neither of us married or too my knowledge seeing anyone else. I don't actually recall seeing her at all my Junior year, but that was some time ago. The fact that his name is on the birth certifcate just makes me wonder if he knew the situation and took responsibility as raising the child as his and only now, when everything with the mother has gone bad, he decides he no longer wants this responsibility. I'm not very good at playing the waiting game.

[Just Breath]

Do you actually have knowledge that the person named on the birth certificate as the father actually had a relationship with the child? In other words, if they were not married, but he signed the birth certificate because he was told he was the father....that doesn't automatically imply that he exercised visitation or had any custody rights. Do you know?

[deerpest]

I know they were married for some time but don't know when they divorced. I can only guess within that last year or so. I'm told from an old friend I contacted that they had 1 or 2 other children together.