Child Support if Someone Other Than the Father is on Birth Certificate

My question involves child support in the State of: Colorado

If a man other than the father is listed on the birth certificate and the mother is on public assistance, can the state go after the biological father if his name is not on the birth certificate? Or is the man listed on the birth certificate considered the legal father?

The man on the birth certificate is the child's legal father.

A perfect example of why it's incredibly stupid to purposefully put oneself on a birth certificate without a DNA confirmation - cause once you hold yourself out as the legal father, you can absolutely be held responsible for supporting someone ELSE's children, even if they later turn out not to be yours.

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Quoting Julianne

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My question involves child support in the State of: Colorado

If a man other than the father is listed on the birth certificate and the mother is on public assistance, can the state go after the biological father if his name is not on the birth certificate? Or is the man listed on the birth certificate considered the legal father?

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Is the father who name on the birth certificate married to the mother at the time of signing and is the child over 2 years old? If the answers are "No" to both questions, the father who sign the birth certificate, has a window of opportunity to fight it.

Lawrence, you lost me there - could you please explain your answer?

Ok, this is what happened. A girl had my son's baby 11 months ago. She wasn't sure whose baby it was, so after the baby was born we did a private DNA test and the baby is my son's. During the pregnancy she swore that she wouldn't put the father's name on the birth certificate until she knew who the father was. However, in the meantime, she was no longer seeing my son and was with someone else. She put the other guy's name on the birth certificate as the father, not to mention she named the baby after the other guy also. Now she is claiming that the state is going to go after my son for child support since she is receiving assistance. I don't know how they can do that if my son isn't even on the birth certificate and it's not because he wanted it that way. That is why I'm questioning if they can go after my son. Please don't misintrepret what I'm saying. My son loves his son, but this girl has played alot of games and doesn't know what to do. Thanks.

Well, your son needs to make a choice here. Legally, he doesn't have a child. Legally, the guy on the birth certificate is Dad with all the rights - and responsibilities - that entails.

If your son wants to challenge paternity he is still within his rights to do that. If not, then it's a non-issue; the State cannot come after him for child support and he can just get on with his life.

Thank you so much for your input. I appreciate it!

Looking at it from the other guys prospective. One question. Did the other guy actually sign the birth certiificate? If not, chances are when they go after him, he'll request an DNA test and when it all said and done your son will be declare the father. The other point I made eariler is if the other guy signed the BC but was not married and the child is less than 2 years old, there is a chance (probably with a good lawyer) to have the process of the DNA testing and then have the results determine who the bio father is and then proceed from there.

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Quoting Lawrence084

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Looking at it from the other guys prospective. One question. Did the other guy actually sign the birth certiificate? If not, chances are when they go after him, he'll request an DNA test and when it all said and done your son will be declare the father. The other point I made eariler is if the other guy signed the BC but was not married and the child is less than 2 years old, there is a chance (probably with a good lawyer) to have the process of the DNA testing and then have the results determine who the bio father is and then proceed from there.

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Lawrence, in this thread the other guy is the legal father - he signed the AOP and is on the birth certificate.

Do you have the CO statute allowing Legal Dad to disestablish paternity up to 2 years after signing the AOP/the child's birth?

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