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  1. #1
    Join Date
    Jul 2011
    Posts
    3

    Exclamation DNA Test Establishing Paternity for 4 Year Old

    My question involves paternity law for the State of: Nevada

    In December of 2006, an ex girlfriend of mine approached me and stated that her two month old daughter was mine. I immediately accepted responsibility of the little girl and signed an Affadavit of Paternity believing the mother was telling the truth. We have always had 50/50 custody. Over the last year, her and I have been battling in court of custody with her often with holding my daughter from me. I will be moving out of state for work in a few months and the mother has made it clear to me that she will try to prevent me from having a relationship with my daughter (she has violated court visitation orders before). I have recently discovered that my daughter might not be mine.

    Do to the fact that my ex girlfriend is impeding my relationship with my daughter (probably because she just got married), I am seriously considering having a paternity test conducted. I am remarried and have another child and need to move to provide a stable life. If I get the paternity test done and it is proven that the child isn't mine, what is the process of being removed from the birth certificate? And will there be any repercussions? I have heard that even when men are proven not to be the father, they still have to pay child support since they were involved for so long.

  2. #2

    Default Re: DNA Test Establishing Paternity for 4 Year Old

    Wow..........

    Did you actually read the Acknowledgement of Paternity when you signed it? You agreed, DNA or not, that you ARE the child's father. Now, FOUR YEARS later, you just change your mind because it is no longer convenient? This is a CHILD, not a dog. You don't get to say never mind, I don't want it after all....

    Seriously, what are you planning on telling this kid? Oh gee kid, sorry, don't want to be your dad anymore, see ya!

    The time to dispute paternity was 4 years ago. Not now. That chance is long gone.......

  3. #3
    Join Date
    Jul 2011
    Posts
    3

    Default Re: DNA Test Establishing Paternity for 4 Year Old

    Ma'am, there is a lot more to the story then you are aware. She takes the child and withholds her for months on end. She tells the child that I am not her father. Do not judge another when you do not know the situation. This is a legal advice forum, and I am requesting legal advice, not rude commentary.

  4. #4

    Default Re: DNA Test Establishing Paternity for 4 Year Old

    The legal advice was there. Normally, when you sign a Voluntary Acknowledgement of Paternity, you are Voluntarily Acknowleding that you are the child's father. Most states give about 60 days to rescind. After the 60 days, whether you like it or not, you are dad. Full Stop. Period. Even if... Especially if you wait four years...
    In most cases, the state will not willingly leave a child with only one parent. Unless there is someone willing to adopt, or there is a biological parent willing to step up, you're stuck being dad.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: DNA Test Establishing Paternity for 4 Year Old

    What have you done to enforce visitation?

    After four years, it's too late for you to challenge paternity.

  6. #6

    Default Re: DNA Test Establishing Paternity for 4 Year Old

    There's a reason why this site and others tell unmarried men who potentially have fathered a child NOT to sign ANYTHING that could make you a legal father without DNA testing until we are blue in the face. Once you acknowledge that you are the father, you only have a VERY short time to second guess it. After that point, you can expect to remain the child's legal father, regardless of DNA, until and unless some OTHER potential father comes into the picture AND he can prove that HE is the child's father - AND the court orders such a change as best for the CHILD, regardless of what the adults in the situation want to happen. Courts don't want children having to deal with the adults playing musical daddies. Courts also want children to have TWO parents, and once you willingly accept being one of them, the court isn't going to let you off the hook without a replacement (ie mom gets married and the new hubby wants to adopt, or, the actual father wins a paternity case). In other words, the most realistic outcome here is to expect to remain the legal parent to this child. Whether or not you wish to pursue a relationship with the child, if she turns out not to be yours, is up to you. But you CAN expect to remain legally responsible for the child, and on the child's birth certificate, unless that burden is taken on by either step-parent adoption or the real father wishing to come forward.

    If you are having visitation issues with the mother, then you need to address those issues with the court that ordered visitation. It often takes multiple occacions, that are well documented, and are in some specific violation of the court's order. If the order says that you get the child on Friday, you need to actually SHOW UP on Friday, have mom deny visitation, and document that refusal to comply with the court's order. It can be frustrating and time consuming, but unless you ACTIVELY stick with pursuing the visitation awarded to you, the court will never get around to bringing more pressure on mom to comply and mom will continue to behave as she has. However, if you choose to physically relocate substantielly further away from the child, you'll be effectively negating any arguement that mom is making visitation more difficult.

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