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.
Where in this thread does it states the other guy actually SIGNED the Birth Certificate?
In most state, if a person is named as the father on a child’s birth certificate, he is the legal father for all purposes. The presumption of paternity in this situation is very strong, and if the man named on the birth certificate wishes to assert his father’s rights and challenge his legal status to the child, he should do so as soon as possible.
There have been cases in which DNA testing conclusively proved that the man named as the father on a birth certificate was not, in fact, the biological father of the child, yet a court still imposed all of the attendant legal obligations, such as the duty to pay child support.
In many states, there is a short statute of limitations for challenging paternity. If the man named as father on the birth certificate wishes to challenge this legal status, he usually has 2 years or less from the birth of the child to do so.
If a person fails to challenge paternity within this period, he can lose all rights to do so at a later date. This is especially true if he acts as the child’s father in the meantime (living with the mother and child, helping to raise the child, etc.). In situations such as this, some courts have refused to even consider DNA evidence, on the grounds that a successful paternity challenge would not be in the best interests of the child.
Avoiding this situation is sometimes difficult, from an emotional and practical standpoint. If someone suspects that he is not the father of a child, the best way for him to avoid this is to refuse to put his name on the birth certificate, and to insist on a paternity test. Of course, this could strain whatever relationship exists with the mother, as it implies a suspicion that she has been unfaithful. Still, it is one of the most effective ways to avoid being the legal father of someone else’s child.
Lawrence. In CO, you CANNOT appear on the birth certificate in an unwed situation UNLESS you sign the AoP. And OP stated that quite clearly - the other guy WAS added to the birth certificate.
(Birth certificates are not actually signed).
In most state, if a person is named as the father on a child’s birth certificate, he is the legal father for all purposes. The presumption of paternity in this situation is very strong, and if the man named on the birth certificate wishes to assert his father’s rights and challenge his legal status to the child, he should do so as soon as possible.
Precisely.
There have been cases in which DNA testing conclusively proved that the man named as the father on a birth certificate was not, in fact, the biological father of the child, yet a court still imposed all of the attendant legal obligations, such as the duty to pay child support.
Yeap yeap yeap!
OR LESS.
In many states, there is a short statute of limitations for challenging paternity. If the man named as father on the birth certificate wishes to challenge this legal status, he usually has 2 years or less from the birth of the child to do so.
In many States it's as little as 30 days. The language is important. That's why I asked for CO statute.
If a person fails to challenge paternity within this period, he can lose all rights to do so at a later date. This is especially true if he acts as the child’s father in the meantime (living with the mother and child, helping to raise the child, etc.). In situations such as this, some courts have refused to even consider DNA evidence, on the grounds that a successful paternity challenge would not be in the best interests of the child.
Avoiding this situation is sometimes difficult, from an emotional and practical standpoint. If someone suspects that he is not the father of a child, the best way for him to avoid this is to refuse to put his name on the birth certificate, and to insist on a paternity test. Of course, this could strain whatever relationship exists with the mother, as it implies a suspicion that she has been unfaithful. Still, it is one of the most effective ways to avoid being the legal father of someone else’s child.
Nobody is disagreeing with that.
(What's the source of the pasted info, btw?)
I still have not read anywhere in this thread that says the other guy actually signed the birth certificate. My name is on my daughter birth cerificate and I did not sign it. I was a long way away, when she was born. My signature is not on it. A woman can put anyone name on the birth cerfificate. It is the man signing his name on it as consent that important. I read this thread several times and it never states the guy sign the BC. In fact it is mention twice that the mother put the name on the BC, not the guy signed it. Big difference.
I cut and paste the Quote from another law site, and yes, CO has a two year limit. I didn't go into details, because the OP was questioning her son rights and I just wanted her to also research the other man possible options, because chances are he not going to want to pay 16+ years of support for another man child. He probably going to fight it. How? I just gave her what to research his means to protect himself and to give her an head ups on what may or may not happen when it all said and done.
To answer where I got it from....Google "Colorado Paternity Fraud". I didn't say it was fraud, I just said google it and it will point you in the right direction.