Wrong Father Named On The Birth Certificate
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?
Re: Help With Emancipating In Virginia
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.
Re: Wrong Father Named On The Birth Certificate
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.