Can a man who is the biological father of a child avoid paying back child support if another man is listed on the birth certificate?
My husband actually had this happen to him. He had a one night stand with a girl before we were married. He never saw this girl again, until she showed up with a baby one day and said it was his. In the mean time, when she found out she was pregnant she married another man whom she thought at the time was the father. DNA test proved that my husband was the father, and everyone moved on. Years later the mother and the presumed father were divorced and the mother wanted to seek child support arrearage from my husband. This is a strange position to be in. If a man's name is not listed as the father, and someone else is then he is legally the presumtive father. Once the DNA test is done though and someone else is proven to be the father, they are responsible for child support from the moment they find out they are the real father. The guy listed gets off the hook and the real dad has to shell out what he owes. Trust me, it's ugly and I have lived through the very same ordeal.
Not if it's court ordered. If another man signed the birth certificate and the mother knew he was not the biological father she is guilty of fraud. The father can ask for a court ordered DNA test to prove he is the biological father and she can not refuse this. He can then proceed to get his name on the birth certificate and also get visitation, pay child support and petition for custody. Read More
Can you still receive child support from the alleged father if another person's name is on the birth certificate?
No, the father on the birth certificate is financially responsible unless proven that he's not the father by DNA. About 12 years ago in the state of NJ The court ordered me to pay child support to the biological father (Dna test showed I was not the biological father) The court called me the psychological father so in the courts opinion I was her father. And like the biological Mother he also drank it away. Read More
The biological father can legally have his name added to the birth certificate at any time, unless he has signed away parental rights and the other man has legally agreed to adopt the child. Regardless of whose name is on the birth certificate, the biological father is still required to make child support payments. Read More
Do you have to pay child support if your not the biological father but your the father on birth certificate?
Yes, unless you have proved to the court that you are not biologically the father. Read More
If the husband is not the biological father of the baby but signs the birth certificate does he have to pay child support?
No. Read More
Does a father have to pay child support even tho he is not the biological father and signed the birth certificate?
When he signed the birth certificate he became the father until/unless the courts rule otherwise. Read More
Can a mother ask for a child support from a father who is not on birth certificate but is proven to be the real father?
If there are DNA result proving him to be the biological father, yes she can. Read More
If a Biological father gives up rights does he pay child support in Va. If another mans name is on birth certificate?
Not if approved by the court. see link Read More
A child's biological father can have his name added to a child's birth certificate regardless of whether or not the mother agrees to it. If the biological father voluntarily relinquishes his parental rights and the child is legally adopted by another man, his name can be added to the birth certificate in place of the biological father. Read More
Yes, if by DNA you are determined to be the biological father. Read More
Not yet, but I'm working on it. Another year or two. Read More
Her child's biological father if she has obtained a court order for child support. Her child's biological father if she has obtained a court order for child support. Her child's biological father if she has obtained a court order for child support. Her child's biological father if she has obtained a court order for child support. Read More
Does a father have to continue to pay child support after he discovers he is not the biological father?
You need to consult with an attorney in your jurisdiction who can review your situation and explain your options under your state laws. You need to act as soon as possible. Read More
He has the right to petition the courts for a determination of paternity and, if he is the father, the right to pay child support and petition for visitation. Read More
If you used to be guardian but then grandmother got custody do you have to pay support if your name is on birth certificate but your not biological father?
Depends on the state Read More
If a woman is married and her husband signs birth certificate and it is not his child does the biological father have to pay child support?
This question is a complicated one in that the laws of paternity do not necessarily establish the biological father as the father for child support purposes but rather look to the circumstances surrounding the case. Your husband is what is known as a presumed father, which is essentially a man that was married to the mother when the child was born, legally agreed to be the father of his wife's child (by signing the birth… Read More
Is it against the law to put your name on the birth certificate your wife and you had someone help us have a baby and you are not the biological father but will be the father?
Oh yeah. The biological father and mother are put on the certificate. Read More
You can put another man's name on the certificate, however if you are trying to collect child support from this man he has the option to prove that it is not his biological child with a DNA test. He however only has a limited window to have a test done, failure to take the test and prove that he isn't the father by default means he accepts the charge of being the father paying child… Read More
How do you change the name of your stepchild if the biological father was never around and lives in another country?
Take the birth certificate to your court. Read More
Can you remove a non biological fathers'name from a birth cerificate and add the biological fathers' name?
Yes you can remove a non biological father's name from a child's birth certificate and add the biological father's name. However, you must have a DNA test to disprove paternity of non biological father and another proving paternity of biological father. With these tests you can make an application (through your attorney, who would prepare the necessary paper work) to the court to remove the non biological father's name from the birth certificate. According to… Read More
What if the father's name is different and not the biological father's name on the birth certificate?
Only the biological father is allowed to sign it unless the child is adopted and it has been changed by the new parents. if the mother believed another man was the father and he signed, the biological father has to leave a DNA test to prove paternity and then petition the court to have the birth certificate changed. If the mother knew the man who signed was not the father she committed fraud. Read More
This begs another question: how did this man's name end up on the birth certificate? Until a court rules otherwise, he is the child's father and has all the rights that that entails. Read More
Can i put a man that is not biologically my child's father on her birth certificate if he voluntarilly signs paternitythere is no name father named on her birth cert bio father ordered to pay support?
Too many people involved. Leave the birth certificate as it is. Let the biological father continue to pay child support. If the current man marries you and wishes to adopt the child, then that is another matter. Seek legal advice before doing anything to change the birth certificate. No. This would be fraud unless the child is adopted by your boyfriend. Read More
The fathers name is not on the birth certificate and he has not paid child support for 16 years. Does he have any right to the child?
If he can prove that he is the biological father of the child, he can seek custody or visitation rights, regardless of whether or not he is on the birth certificate or paying child support. In fact, if he is the biological father he can legally have his name added to the birth certificate. However, if he has not been around for 16 years, it is unlikely that a judge will grant anything more than… Read More
no (whether or not the biological father is paying support) Read More
Can a child get child support from biological father and have your new partners name what can you do?
A child does not have to have the same last name as the biological father to receive child support from that father. Read More
Can a man be required to pay child support if another man s name was written on the birth certificate and the child has that man s last name and was fathered by that man?
If he is the biological father, yes. That is what counts. If the mother and this man knew he was not the father they have both committed fraud by having him signing the birth certificate. The child have a right to know who his parents are as well. Read More
Except in an adoption, there is no such person as a "non biological father." The only man who should be signing a birth certificate is the child's biological father. Any other man who signs it is making an illegal statement. Read More
The birth certificate can only have one father and only the biological father is allowed to be on it. And only he can sign it. A step parent have no legal right to the child. Read More
What if your child's father has not legitimized the child and does not pay child support but is on the birth certificate can you get married and have your spouse adopt the child?
Your spouse may adopt the child but the court will have to serve notice of that proceeding to the biological father. Read More
I think that a paper with a signature should not be powerful enough to separate a creature from its creator. In this case, a father and an offspring. Legally, the father of that child is the person that signed the birth certificate, so no, the biological father does not have a right. Although, if you can get some type of blood test, then with the results you might have a chance to fight it off… Read More
My husband is not my daughters biological father yet his name is on her birth cert and we are now getting divorced What rights does he have to my daughter?
He would have all of the rights that a biological father has. If he was not the biological father, then his name should not have been put on the birth certificate in the first place, unless he adopted her and the birth certificate was changed. Read More
In most adoptions, the rights/responsibilities of the biological parents are terminated. Read More
That depends on state law where you live. Where I live, if the man has reason to believe he is indeed the biological father, he can petition the court of jurisdiction for paternity testing to establish it. Once he has been established as the biological father, he can file a motion to amend the birth certificate based on the same. Read More
Do you still have to pay child support if you sign the cirth certificate and the child is not yours?
No, you don't, however, you need to have DNA test done in order to prove that you're not the biological father. Read More
Yes he does. If he wants to see his child he needs to go to court to set up legal visitation and support of the child. If he refuse's to comply with the court on child support they could pronounce him the father and he would have to pay child support anyway. Most fathers are having DNA tests done in the hopes of getting out from under child support and it works if they are… Read More
The man who signed the birth certificate is the child's legal father unless/until the court rules otherwise. There is a time limit (in Illinois, 60 days) for the persons who signed the birth certificate to rescind their acknowledgments. Read More
If it's established who the biological father is, regardless what name is on the birth certificate, he will have to give up his parental rights in order for someone else to adopt the child. He can also go to court and have the name on the birth certificate changed to his. Read More
The father can request a DNA test through the court. Read More
Is biological father liable for child support if the mother got married before the birth of the child?
Yes , the biological father will be held legally responsible for the support of his child . Read More
The biological father has the legal right to be added to the child's birth certificate at any time, regardless of his circumstances. The only exception is if he has voluntarily given up his parental rights and the child has been legally adopted by another man. Read More
this is a question for family court if the child was adopted, the biological father is responsible for the support of his child. Read More
Usually the father has to have permission from a court or judge to do so. Read More
If you are not the biological father of a child but the parent wants child support would you be liable in the state of Nevada for paying child support?
So what relationship are you to the parent or the child? If you were married when the child was born, you are assumed to be the father. Unless someone else is listed on the birth certificate, you're going to be expected to support the child. Read More
Can a man who is not the biological father put his name on a child's birth certificate without the mother's knowledge?
If the mother is unmarried, No. A man who is not the father has no opportunity to place his name on a child's birth certificate without the mother's knowledge. However, a husband is deemed the father of his wife's child even if she conceived the child with another man. Read More
If the father is unknown, you can't file for support. Read More
A step father has no legal obligation to support a step child. Read More
How do you change a child's last name on the birth certificate if it has been established that the originally named male is not the biological father?
The biological father must agree to the accept parentage or parentage must be established through the court before the birth certificate can be amended. Read More
If paternity has been established the biological mother or person who has legal custody of the minor child can petition the court for child support from the father. The matter of not signing the birth certificate is irrelevant. Read More
Does the mother of child have the right to decline the father of the right to sign the birth certificate?
No. If the father can prove that he is the biological father (with a DNA test) then he can legally have his name added to the birth certificate with or without the mother's permission. Read More