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  1. #1
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    Default Re: Child Support if Someone Other Than the Father is on Birth Certificate

    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.

  2. #2
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    Default Re: Child Support if Someone Other Than the Father is on Birth Certificate

    Quote 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.

    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?

    (

  3. #3
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    Default Re: Child Support if Someone Other Than the Father is on Birth Certificate

    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.

  4. #4
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    Default Re: Child Support if Someone Other Than the Father is on Birth Certificate

    Quote Quoting Lawrence084
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    Where in this thread does it states the other guy actually SIGNED the Birth Certificate?

    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!



    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.
    OR LESS.

    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? )

  5. #5
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    Default Re: Child Support if Someone Other Than the Father is on Birth Certificate

    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.

  6. #6
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    Default Re: Child Support if Someone Other Than the Father is on Birth Certificate

    I'll restate.

    This is pertinent to Colorado. In an unwed situation, a man's name CANNOT be added to a birth certificate WITHOUT him first signing - with Mom - an affidavit of paternity OR there being a court or administrative action determining paternity. Paternity IS legally established. I'm not sure why you're missing that.

    And honestly, with all due respect you didn't give Mom much...except confusion. There is no fraud. Also, I'm not doing your googling for you. I asked you for CO statute. I'd appreciate at least a URL showing me where you obtained the information.

    That's not so much to ask, is it?


    And further, CO has the fairly standard 60 day rescission period. After that time has passed, the court does not have to entertain a petition to challenge paternity.

    more here

  7. #7
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    Default Re: Child Support if Someone Other Than the Father is on Birth Certificate

    1) I did not add confusion. I merely state to bring up the point that the other guy may or may not have rights that protect him from paying child support for a child that is not his. Something the OP should be aware of. The answer you gave made it out to be a slam dunk in favor of the bio-father. It is not, it more of a tie game and being at the free throw line with one more shot to take.

    2) I stated it wasn't fraud just a means to get the information YOU was seeking. How would you even prove paternatity fraud???

    3) Yes not all states requires you to put a signature with a name on the birth certificate. CO being one of them I take it. I find it weird that the OP didn't state the other man actually signed the BC, but went out of the way to say the mother of the child put other man name on the BC. Which lead me to believe it was possible to name someone without having them actually signing it, like my in case. I stand corrected.

    Here first three that came up...(no where does it state a man must prove fraud) Just have to contest the findings within 2 years.

    http://www.marrisonlaw.com/paternity...-colorado.html
    http://www.wnd.com/?pageId=34861
    http://www.laryholland.com/serendipi...rm,-or-it.html

  8. #8
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    Default Re: Child Support if Someone Other Than the Father is on Birth Certificate

    Quote Quoting Dogmatique
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    (Birth certificates are not actually signed).
    They are in MY state... so THERE

  9. #9
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    Default Re: Child Support if Someone Other Than the Father is on Birth Certificate

    LOL. Fair enough.

    But they ain't up 'ere or in Nawth Dakolder

  10. #10
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    Default Re: Child Support if Someone Other Than the Father is on Birth Certificate

    Y'all don't have those fancy schmancy machines over yonder...

    I look here at my youngin's birf certificate, and there I see a scanned copy of my exact signature.

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