Results 1 to 6 of 6
  1. #1
    Join Date
    Jan 2006
    Location
    missouri
    Posts
    3

    Default Rights of a father named on the birth certificate

    I have a cousin who resides in Missouri. He is on the birth certificate for a litlle girl who is 4 yrs old. He and his mother have always been a part of her life. She spends every weekend with his mother and has her room at grandma's. He currently pays child support and his mother also helps as well whenever the child's mother asks for money. He just found out that he is not the childs father througha paternity test. Do they have any rights?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Named on Birth Certificate

    How did he end up named on the birth certificate?

  3. #3
    Join Date
    Jan 2006
    Location
    missouri
    Posts
    3

    Default

    The mother was his girlfriend and they decided that since he was the father, or he thought, he should be on the birth certificate, she does have his late name.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Father named on birth certificate

    That's "why". I asked "how" - affidavit, legal action, some other means....

  5. #5
    Join Date
    Jan 2006
    Location
    missouri
    Posts
    3

    Default

    Sorry, I am new to this. He apparently put his name on the birth certifcate when she was born, at the hopsital. There was no court order or anything.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Father Identified on Birth Certificate

    If there was no court action leading to his being identified as the father, presumably he executed an affidavit acknowledging paternity at the time of birth. If a support and parenting time order was subsequently entered, any such order would also reflect that he is the child's father. Under this type of circumstance, it can be very tricky to challenge paternity - due to the legal doctrines of collateral estoppel and res judicata. See, e.g., Simmons v DSS, 84 S.W.3d 105 (Mo.App 2002). He should consult a family lawyer about his situation, to have any documents and court orders reviewed to see if any relief would be available to him.

    1. Sponsored Links
       

Similar Threads

  1. Father's Rights if Not Named on Birth Certificate
    By michaelsis in forum Paternity Law
    Replies: 1
    Last Post: 02-05-2009, 02:42 PM
  2. Rights of a Father Not Named on the Birth Certificate
    By amessinil in forum Paternity Law
    Replies: 8
    Last Post: 07-22-2008, 03:21 PM
  3. Wrong Father Named On The Birth Certificate
    By Jamonnelson1 in forum Child Custody, Support and Visitation
    Replies: 8
    Last Post: 05-30-2007, 09:15 AM
  4. Wrong Father Named on the Birth Certificate
    By bertd95742002 in forum Paternity Law
    Replies: 3
    Last Post: 06-16-2006, 01:21 AM
  5. Rights of a Father Not Named on the Birth Certificate
    By KamranD in forum Paternity Law
    Replies: 1
    Last Post: 01-05-2006, 01:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources