Father is not on the birth certificate

**ANNABEE** · 01-30-2006, 11:22 PM

I work with a guy who has the problem I'm asking about. He was with this girl for a few years, they broke up ..blah blah blah... well 3 years later he gets a phone call out of the blue from her saying that he's the father of a little girl. .she's married and the guy she's married to thinks the kid is his. His name is on the birth certificate and everything. My friend doesnt know if the kid is his or not. NOR does he want to know. He WANTS NOTHING TO DO WITH THE CHILD...what can she leaglly do to my friend?. can she get child support out of him? can she MAKE him take a dna test?. If he doesnt' want anything to do with the kid is there some way he can sign away all rights if any he has?..florida is the state, and I appreciate any info you could give me to pass along to him. thanks
Anna

**ceara** · 01-31-2006, 12:21 AM

First of all your friend needs to get a copy of this birth certificate. If they were not married and he was not there to sign it, the birth certificate is not valid and cannot be used in a case for child support. She can't MAKE him take a dna test. She can get a COURT ORDER for dna testing. If he chooses not to comply, he will be declared the legal father by default, whether the kid is his or not. If he is found to be the legal father, she can't Force him to have anything to do with the child. Again, she can get a court order for child support. If he chooses not the obey that order he will end up in jail.

**ANNABEE** · 01-31-2006, 06:47 AM

The other guy's name is on the birth certificate. he's been the father for 3 years. Can she just all of a sudden decide that she wants to change dads?..that doesn't seem right!. So potentially she could drag every guy she's had sex with into court and totally disrupt their lives? thanks for anything else you can tell me!
anna

**ceara** · 01-31-2006, 07:04 AM

Just because a persons name is on the birth certificate it does not mean that person actually has LEGAL paternity. If there is no one that has established legal paternity, then she pretty much can drag anyone in to court for a DNA test. She wouldn't even have to prove that they had sex. Unless she has a ton of money to throw around, it's doubtful she would do this. When the DNA test comes back negative, mom has to pay for it. Anywhere from $200-$600 each.

It may be a case where mom and the husband are now getting a divorce and he has found out through DNA that the child is not his, so now mom is trying to track down the real father for child support.

**ANNABEE** · 01-31-2006, 07:29 AM

say he goes to court..he turns out to be the father. but want's nothing to do with the kid... he hasn't been there, has no bond whatsoever with this kid...Can he sign away all his rights, or is he leaglly tied (having to pay child support) to this kid for the next 15 years? thanks... I know it sounds terrible, but this is how he feels...he wants nothing to do with her or the child.
Anna

**ceara** · 01-31-2006, 08:14 AM

Unless there is a stable step parent wanting to adopt the child, ha cannot just sign over his rights. He can't be forced into a relationship with the child, but he will be held financially responsible.