Results 1 to 4 of 4
  1. #1

    Question Dad Signed Birth Certificate Illegally

    My Ex girlfriend and I met each other when she broke up with her boyfriend, now husband. We were together for a bit. While she was pregnant she kicked me out. We broke up and she went back to him pregnant with my child.. Everything was hidden from me. She married him, and I never even knew when my son was born.
    So, he knew he wasn't his father and signed his birth certificate.
    This morning I was served to establish paternity. Then this evening she shows up at my door. She said that she is still married to this man and she had me served because of her own financial strain..
    Can I legitimately get them in trouble for doing what they did?
    Is it a different type of scenario if they both forged the document?
    Thanks for the help....

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Dad Signed Birth Certificate Illegally

    The courts will certainly ask about the circumstances of the fraudulent birth certificate.

    You'll still be on the hook for child support, though.

  3. #3
    Join Date
    Jan 2010
    Posts
    25

    Default Re: Dad Signed Birth Certificate Illegally

    How long has the husband been claiming to be the father?

    You might have a way out of this...

    The child has a legal father and has had a legal father since he was born. There were, then, no genuine factual issues which would serve to prevent summary judgement.

    Under the Uniform Parentage Act the presumption of paternity must first be rebutted before paternity by another man may be determined in the same action. Unif. Parentage Act § 6(a)(2), 9B U.L.A. 302 (1987)

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Dad Signed Birth Certificate Illegally

    Hang on a sec. First, we need to know the State. Second, we need to know the age of the child. And lastly - did they marry before or after kiddo was born?

    If Mom and Dad were married when the child was born - there's no fraud. Dad is legally Dad simply by virtue of being married to Mom at the time of the birth.

    Some states DO allow for Mom, Legal Dad AND Bio Dad to challenge paternity - granted, most have a statute of limitations and specific guidelines as to when and how this can be done, but it is possible.

    1. Sponsored Links
       

Similar Threads

  1. Boyfriend Signed the Birth Certificate
    By Pezrain in forum Paternity Law
    Replies: 3
    Last Post: 02-15-2011, 12:58 PM
  2. Grandparents and Third Parties: Birth Mom Signed Over Rights to Step-Sister, Dad Not on Birth Certificate
    By jjjkl in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 01-17-2010, 02:40 PM
  3. Married, Signed the Birth Certificate
    By C_Shaw in forum Paternity Law
    Replies: 1
    Last Post: 12-19-2008, 06:46 PM
  4. Birth Certificate Signed by Someone Other Than Bio Father
    By blackindia in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 06-01-2007, 02:32 PM
  5. Signed birth certificate
    By slhouse in forum Paternity Law
    Replies: 3
    Last Post: 02-03-2006, 12:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources