Can My Son's Father Take Himself Off the Birth Certificate

[Meg0113]

I have a newborn son whom is 1 month old now. His father signed his birth certificate because he wanted to. We havent been together as a couple since I first became pregnant . We have never lived together. He has another child with another woman whom is currently his girlfriend. His girlfriend told him the only way he could continue to see his other child was if he abandoned our baby!! So Now he says he is going to forfeit his paternity & parental rights. He has lied alot in the past so I am not sure if he is trying to scare me? But he wants me to meet with his attorney in 2 days (his attorney is also a family friend) So I need to know my rights!!

He says the paperwork the attorney has drawn up will take him off of the birth certificate & also change my sons name to my last name. He signed the birth certificate willingly and had no problem being his father until his girlfriend did. Will he be able to take his name off? And if so what about child support? He also says after he does this he will be able to get custody if he pays child support because I am not working right now to be home with the baby but have money in savings to pay my bills. He owns his own business & family has alot of money. I am very worried. I am a very good mother please help me anyone???

[jk]

tell him he needs to have the courts settle a paternity suit if he believes he is not the father. If he is the father, it is proper his name is on the BC.

as to custody; that is up to the courts to decide but if you brought what he is threatening with right now into a custody hearing, he would have a lot of explaining to do.

[Mr. Knowitall]

Some states allow a parent to file a disavowal of paternity within a limited period of time (usually @30-60 days) after it's signed. As you didn't follow the instruction to identify your state, I don't know if that option is available to him.

[Meg0113]

I am in louisiana & It is his child but I havent taken a DNA test but would be more than willing to. My son is just turned one month old so would he be able to do it?

[tigerdog]

http://www.expertlaw.com/forums/showthread.php?t=91222

[Meg0113]

I am confused that is just a link to another post I had posted because It was the first time I had posted a question I was not sure how it worked.
I need to know Is he able to do the disvowel of paternity since we have not taken a DNA test? He is the father so if he can do that what is the process & what do I need to do? He wants me to meet with his attorney in 2 days and since I can not afford an attorney I am clueless of my rights and his atty will most likely just try to convince me in his favor if anything. PLEASE HELP!!??

I am in Louisiana

[EA1970]

It's all tied into a paternity action. If you file support, he can challenge paternity. And I would advise against a meeting with his lawyer where you aren't represented by an attorney. He cannot just summarily have himself removed from the birth certificate.

§398.2. Petition for order to submit to blood or tissue tests prior to bringing filiation action

A.(1) Notwithstanding any other provision of law to the contrary, the husband of the mother, prior to filing an action of disavowal of a child born or conceived during his marriage to the mother and prior to the expiration of the time required to file an action of disavowal, may petition a court of proper jurisdiction and venue for an order directing the mother, child, and petitioner to submit to the collection of blood or tissue samples, or both, for determination of paternity for the purpose of exercising rights relating to the child. The filing of the petition suspends the period for bringing the disavowal action for a period of one year from the date the petition is filed.

(2) Notwithstanding any other provision of law to the contrary, the alleged biological father of a child born outside of marriage, prior to filing any action to establish filiation of the child, may petition a court of proper jurisdiction and venue for an order directing the mother, child, and petitioner to submit to the collection of blood or tissue samples, or both, for determination of paternity for the purpose of exercising rights relating to the child.

B. The petition authorized in Paragraphs (1) and (2) of Subsection A of this Section shall name the mother as defendant and shall allege specific facts tending to prove the relationship or the circumstances of any physical relationship with the mother, or facts tending to prove paternity, and other facts necessary to establish the jurisdiction and venue of the court.

C. The court, after contradictory hearing, may order the parties to submit to blood or tissue samples, or both, and direct that inherited characteristics in the samples, including but not limited to blood and tissue type, be determined by appropriate testing procedures as provided in this Part.

D. If the court issues an order directing blood or tissue tests, or both, the provisions of R.S. 9:397 through 397.2 and 397.3(A) and (B) shall be applicable to the selection and compensation of experts, payment of testing costs, establishment of chain of custody, filing of test results in the court record, and authority of the court to order additional tests if it finds there has been a procedural error in the administration of the tests.

E. The court shall not make a determination of paternity based on the test results and conclusions of the experts filed in the record; however, the test results shall be admissible in any subsequent action filed by any of the parties relating to filiation of the child.

F. The provisions of this Section shall not in any manner affect the status of a child whose legal father is the husband of the mother who does not timely disavow paternity of the child nor affect any right that a child may have to file an action of filiation as provided by law.

[Meg0113]

I do not really understand all the legal terms. So I should not go meet with his attorney. He said if I didnt go he would have me served with papers that there was nothing I could do to stop him from removing his name from the Birth Certificate is that true? And should I file for child support? ((should I just wait and see what actions he takes?))

I had no intentions on doing so but would like his name to remain on the birth certificate and have the option of Child Support available if needed later on. Right now I just am tired of even fighting with him but hope it will get better later on. I just need to know what all If anything I should or could do. Thanks

[EA1970]

I wouldn't go meet with anyone else's lawyer unless I was represented by counsel. Whether or not you decide to go is up to you. Your best bet would be to go talk to an attorney.

[Meg0113]

thanks for your help. Wish me luck I need it!