Paternity Legal Questions & Answers


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Category: Paternity
Can you collect child support if you were not married to child's father?

Jane and Tom were only dating when Jane became pregnant with Tom's child. Since the birth of the child, Jane and Tom are no longer dating. Jane is not able to raise the child on her own without the financial support of Tom. Jane has been contemplating whether she has the legal ri...

01/05/2007 | Category » Paternity  State » AL  #127
What could happen if my husband is not my child's biological father but is on the birth certificate?

I have been married 5 yrs. Two and one-half years ago my husband and I were going to separate and I had a brief affair. I found out that I was pregnant and told both my husband and the other man. The other man hung up on me and refused to speak to me even after I sent him two cer...

01/09/2007 | Category » Paternity  State » MS  #257
If my husband is found not to be the father is he still responsible for back child support owed?

My husband has a 12 year old daughter; the child lives with her grandmother and has recently asked her father for a DNA test. Her father just went to court for 23 thousand dollars in back child support. He is now facing a jail sentence. We would like to know if he is determined t...

01/12/2007 | Category » Paternity  State » TN  #413
When an unmarried couple has a child, whose last name does the child take?

When an unmarried couple has a child, whose last name does the child take?

02/01/2007 | Category » Paternity  State » AZ  #917
How do I get the divorce decree amended to show that the child born during my marriage is not mine?

I was married to a lady in Milwaukee, Wisconsin, in 1999. Our marriage became real rocky and she stated that she was pregnant. I believed the child was mind. Before I moved to Georgia, I started seeing a big change in the way the child was looking. He did not look like me or ...

02/01/2007 | Category » Paternity  State » WI  #1286
What are a woman's legal rights to have a paternity test to determine the father of her child?

A married female has an affair and then gives birth to a child. She is unsure whether the biological father of the child is her husband or the man with whom she had an affair. What are her legal rights to have a paternity test to determine the father of the child? What rights ...

02/05/2007 | Category » Paternity  State » TX  #432
What can I do about the married woman requesting child support when I am not sure it is my child?

I had an affair with a married woman for about six years. More than three yrs ago, she gave birth to a child and told me I was the child's father. I told her to tell her husband the truth before the child and her husband developed a child-parent relationship. She refused, saying ...

02/08/2007 | Category » Paternity  State » CA  #552
Can I force someone who may be my father into taking a paternity test?

I want to know if I can get a court ordered paternity test for a man I have been told may be my father. I have recently found him and have his address. I am 46 years old and just recently may have found my father and want to know if I can legally pursue paternity via the Califo...

03/28/2007 | Category » Paternity  State » CA  #2255
How can I stop my girlfriend from having an abortion if I am willing to take care of the child?

How can I stop my girlfriend from having an abortion if I am willing to take care of the child?

03/28/2007 | Category » Paternity  State » MA  #2264
Do I have to give my child the father's last name if he is listed on the birth certificate?

I am 7 months pregnant. My husband left me for another woman when I was 2 months pregnant and we have not had any contact since. I have filed for divorce and our divorce becomes final the same day as my due date. I know that under the California Presumption law, I will have to...

04/03/2007 | Category » Paternity  State » CA  #2555
Can a Judge change the child's name that was born of my marriage but is not mine?

My wife and I have been separated for quite some time now and are finally going through with the divorce. We have two minor children. My wife recently gave birth to a child whom she admits is not mine. However she is not disclosing the name of the father and so that the new ch...

04/06/2007 | Category » Paternity  State » TX  #2699
What rights do I have to a child born during my marriage but that I am not the father?

I just found out that my wife had an affair and that she is pregnant. I have had a vasectomy but no testing has been done for paternity. My wife and I are all but certain that this child is not mine. She has broken off the relationship and is back with me, but the possible biol...

04/10/2007 | Category » Paternity  State » CA  #2899
Is there any recourse in the courts if you are proven not to be the father of a child you supported?

In Rhode Island if you aquire DNA test that confirm that you are not the biological father of a child (born outside of wedlock) whom you have been supporting outside of the court system for 10 years, is there any recourse? And what is it?

04/10/2007 | Category » Paternity  State » ALL  #2919
Where can I find legitimation papers for child?

I need to find legitimation papers for child.

04/12/2007 | Category » Paternity  State » GA  #3006
How do I put my baby's father's name on the birth certificate if he will be out of the country?

My boyfriend is being shipped overseas while the baby is being born. How do we get him on the birth certificate?

04/12/2007 | Category » Paternity  State » VA  #3009
If I am found to be the father of a child I did not know about, am I liable for back child support?

If I am proven to be a father of a 3 year old that I just found out about. Do I have to pay 3 years back child support? The girl is and was married when she claims the child was concieved and put her husband on the birth certificate as the father.

04/20/2007 | Category » Paternity  State » NY  #3222
Can the father challenge paternity after divorce?

Can the father challenge paternity after divorce?

04/22/2007 | Category » Paternity  State » MS  #3260
How do I remove my name from a child's birth certificate if I am not the father?

I found out that the child that I had custody for 5 years, who shares my last name, is not my daughter, by court ordered DNA. The mother became a prostitute and I had legal custody of the child. She was ordered to pay $100 a month in child support and then decided to tell the tru...

05/05/2007 | Category » Paternity  State » NV  #3818
Can I force the father of my unborn child to sign the birth certificate?

I live in Portland OR and will be having a baby in November. I want to find out if there is a way that I can make the father sign the birth certificate of our child. We are not married and he is the only possible father. He had stated in an earlier conversation that he will not b...

05/24/2007 | Category » Paternity  State » OR  #5870
How do I get a DNA test to see if I am the father?

My girlfriend and I were together for three years and had a son ten months ago. Now she has a new boyfriend that has alredy went through a bad battle for his kids and lost. He keeps telling her what to do because he does not trust me but all I want to do is see my son. I've given...

06/22/2007 | Category » Paternity  State » CO  #6605
If I am pregnant can I still move out of state if I am not with the father of the baby?

I am married to a man in WA and want to move there to be with him. I am pregnant by a man in Pennsylvania. He doesn't want the baby, has said so, but will file for custody after the baby is born just to spite me and look "good" in front of his family. Is there anyway for me to ma...

09/26/2007 | Category » Paternity  State » PA  #9067
Can the mother of a child have a new paternity test after 13 years to find the real father?

If a child is born to an unmarried mother and the mother lists another man on the birth certificate and the child has that man's last name, can the mother claim that the person on the birth certificate is no longer the father of the child.(13 years later). Can she have the Court ...

10/03/2007 | Category » Paternity  State » CT  #9605
How can my friend get out of having to provide Healthcare coverage for kids that are not his?

My son has been served with divorce papers. His wifes 2 minor children are not biologically his though he has loved them like they were. His name is on their birth certificates but he had already had a vasectomy.She was unfaithful to him and became pregnant both times while they ...

10/06/2007 | Category » Paternity  State » TX  #9780
Does my daughter have to agree to joint custody?

My daughter has been served court papers to appear for hearing to establish paternity of her 2 year old child. She is unaware of who the father is and someone has now stepped forward. He has also stated on the document that he would like to have joint custody if he is the fathe...

10/16/2007 | Category » Paternity  State » NJ  #10378
What do I need to do when our child is born to establish paternity?

I live in NC and my ex-girlfriend lives in GA, I recently found out she is pregnant. We are on good terms, What do I need to do when our child is born to establish paternity and will my child be allowed to have my last name if we are not married?

10/24/2007 | Category » Paternity  State » NC  #10866
What rights do I have as her father for visitation and verbal contact?

My daughter lives with her mother in Florida. We have determined paternity and I pay child support. What rights do I have as her father for visitation and verbal contact? Will I have to take this matter to court for it to be determined?

11/03/2007 | Category » Paternity  State » IN  #11526
Is there a form that my son can sign to establish paternity on his child?

I am trying to locate a copy of an Estabishment of Paternity form that my son can file to get Paternity estabished on his son so that he will be able to see and take care of his son. If you could help me locate this form so that he can file it that would be a great help to us.

11/06/2007 | Category » Paternity  State » IN  #11736
If I am not married to my child's father when the baby is born, can he still have dad's last name?

I was told recently that because I am not married to my future child's father that I would not be allowed to give the baby his last name. Is this really true? I was under the impression that I would be able to give my son his father's name.

11/08/2007 | Category » Paternity  State » PA  #11893
Can My Unborn Child Be Given A Name Other Than My Husband's

I am currently married, but have been separated for over 2 years from my husband. I am going to have a baby, which is not my husbands, and wondered if I can give her my maiden name.

12/18/2007 | Category » Paternity  State » OH  #14065
Can A Mother List Any Name On The Birth Certificate Without Consent Of The Father

When a baby is born does the father have to sign as the baby's father in order to be listed on the birth certificate. In other words, can a mother list any name on the birth certificate without consent of the father?

01/09/2008 | Category » Paternity  State » NY  #14586
Am I obligated to submit to a DNA test if my ex is threatening to stop child support?

I have 3 sons. Was married, had 1 son, separated then found out I was with child but had been with one other, went back to husband. He knew that there was a slight chance this child may not be his. I offered to do DNA at birth and he choose not to. I had 3rd child. Now we are div...

12/18/2008 | Category » Paternity  State » NC  #14828
If I am found to be the father am I responsible for back child support?

In 1994, I had relations with a woman who I later found out to have had relations with other men. She found out that she was pregnant and admonished me from being the father based on her weeks of pregnancy and date we fornicated. I entered the military later that year. She gav...

01/14/2009 | Category » Paternity  State » ND  #14993
Is there a form that could dismiss me from any legal financial responsibility if I am the father?

I might be the father of a child, but the mother doesn't want to get a DNA test and her husband is the legal father. Is there a form that could dismiss me from any legal financial responsibility? I am not involved in their life at all. I just want to cover my self for the future.

01/17/2009 | Category » Paternity  State » HI  #15014
What can I do if I am being sued for back child support and they child might not be mine?

A woman is suing me for back child support. The child has another man's name on the birth certificate. What should I do? This child is almost 17 years old. I never met the child. The night of supposed conception, was 19 years ago.

01/17/2009 | Category » Paternity  State » MS  #15017
Should I go through the court for joint custody and visitation of my child?

I am a parent that is not married to my child's mother that wants joint custody and appointed visitation of child. Trying to find out what is the appropriate form to use.

01/22/2009 | Category » Paternity  State » LA  #15043
Can the married man I had an affair with take me to court for a paternity test?

I am pregnant and I am afraid of the father of my child, but on the basis of emotional abuse. I want nothing to do with him. More importantly, I feel it is in the child's best interest that he have nothing to do with us. I want nothing from this man. This is a married man with wh...

01/30/2009 | Category » Paternity  State » NJ  #15105
What can someone do if they have been sued for child support after 17 years?

Could the Governor help with the laws for a mother that kept the child a secret until the child was 15 and now has taken the father back for child support and won. Now the father and his family are suffering from this lady all of a sudden wanting money. We can hardly get grocer...

02/03/2009 | Category » Paternity  State » DE  #15134
What can I do to establish paternity of my wife's child that may not be mine?

I married a woman that illegally came into the United States. She is still married in Brazil. She is now pregnant and I'm not sure it's my child. What should i do?

02/06/2009 | Category » Paternity  State » CT  #15184
Do I still have to pay child support if I terminate my parental rights?

I got a girl pregnant, not a girlfriend, and she is asking me to sign over rights. Do I still pay child support/ hospital bills?

02/09/2009 | Category » Paternity  State » NV  #15210
How do I have the current order of child support increased?

MY 14 YEARS OLD SON'S FATHER RESIDES IN NEW YORK STATE. HE CONTINUES TO FINANCIALLY SUPPORT MY SON, HOWEVER MINIMALLY. MY SON'S FATHER OWNS AND OPERATES HIS OWN BUSSINESS AND OFTEN COMMUNICATES HIS OUTSTANDING PROFITS WITH ME. RECENTLY I ASKED HIM TO IMPROVE THE FINANCIAL ALLOWA...

02/13/2009 | Category » Paternity  State » VA  #15238
What is needed to show that I have sole custody if I never married my child's father?

My daughter has always lived with me since birth. How do I obtain something concrete-in black and white-that decrees me as sole guardian of her? I never married her father.

02/21/2009 | Category » Paternity  State » ME  #15321
If my wife has her baby before we divorce am I financially obligated to this child that is not mine?

My wife had an affair while I was deployed and is now pregnant by this guy. We are going to get a divorce, but due to her spending all the money while I was gone, I can't afford to hire a lawyer. If she has the baby before we are divorced, am I responsible for this child?

03/04/2009 | Category » Paternity  State » GA  #15440
Can I sue the Mother or presumed biological father after 15 years of voluntary paternity?

Can I sue the Mother or presumed biological father after 15 years of voluntary parternity in which the mother stated in court I was the father? The mother, after 15 years of paternity, is claiming and submitted DNA proof that there is a posibility another man is 99.99% is the bio...

03/14/2009 | Category » Paternity  State » AL  #15623
If a woman who is married has a child, what rights does the biological father have?

If a married woman gives birth to a child, but her husband is not the biological father, what are the rights of the biological father? What are the rights of the husband? Does the biological father have any visitation rights if he does not acknowledge paternity?

03/24/2009 | Category » Paternity  State » CA  #15745
Could the biological father force the issue of paternity if my husband signed the birth certificate?

I have a 3 year old son and there is possibility he is not my husbands but he is on the birth certificate. What rights does his biological dad have, if any? I don't wont him in his life. I live in Ohio. Please explain; I am worried because he is threatening me that he is going t...

03/26/2009 | Category » Paternity  State » OH  #15776
How do I insure my visitation rights in the event of a split?

My girlfriend and I had a child out of wedlock. The baby has my last name on the birth certificate and I pay child support. How do I insure my visitation rights in the event of a split?

03/30/2009 | Category » Paternity  State » OH  #15819
Will my daughter have to take a DNA even though her father is on the birth certificate?

My husband and I had a common law marrage and had two children, one deceased. He died instate last year. Our daughter has a birth certificate with her father's name on it? Does she have to take a dna test if required by the siblings attorney?

04/04/2009 | Category » Paternity  State » AL  #15877
What form is needed to answer a paternity suit?

My daughter was served with a suit petition to adjudicate parentage by a guy who she had put in jail for domestic violence. She just had a baby; he is not the father. The baby was given up by my daughter and the real father. We only have until Monday at 10 a.m. to file an answer....

04/04/2009 | Category » Paternity  State » TX  #15882
Does the man who established he is not my son's father have any rights to my child?

The man who has established paternity is not my son's biological father and he wants partial custody, once I prove that he is not his biological father. Can his biological father claim his rights?

04/06/2009 | Category » Paternity  State » PA  #15891
How would I being the issue before the court to have my children's birth father added to certificate

When my two daughters were born in 2004 and 2008, I was told I had to legally place my 'husband's' name on the birth certificate although we had been separated for years and he IS NOT the natural father. The natural father and I questioned the people doing the birth certificate ...

04/06/2009 | Category » Paternity  State » NC  #15896
What are my rights to establish paternity in Oregon?

I had an affair with a woman who was married at the time. During this time she had separated and then went back for couple of weeks to see if she could make it work. In the mean time, she became pregnant and she states the baby belongs to the now ex-husband, but the baby doesn'...

04/07/2009 | Category » Paternity  State » OR  #15908
Can my sister force the presumed father or father's to take a paternity test?

My sister had a baby. During the time of conception she was sexually involved with one guy and his brother and one additional guy that she married. She named her husband as the father of my niece on her birth certificate and he and the child has bonded as father and daughter. She...

04/09/2009 | Category » Paternity  State » AL  #15931
If a mother refuses to have a paternity test, what happens next?

If a mother refuses to have a paternity test, what happens next? Can she still come after him for child support?

04/21/2009 | Category » Paternity  State » AZ  #16085
Do I have rights if I am the birth father but another man signed the birth certificate?

I would like to know what are the rights of a father if the mother has another man sign the birth certificate in Pennsylvania. I would like to know my rights if someone else signs the birth certificate. Can I petition for a paternity test?

04/26/2009 | Category » Paternity  State » PA  #16136
What is the proper petition to legitimize children, non-contested by either parent?

I need a proper petition to legitimize 2 children, non-contested by either parent. The children already have the father's last name and he did sign the birth certificates and a parental acknowledgement on both children. Do you have that available for purchase?

04/27/2009 | Category » Paternity  State » ALL  #16185
How do begin to establish paternity and change my childs birth certificate?

I have been in a relationship with a woman who has been separated from her husband for quite some time. During this separation we established a relationship and she became pregnant and recently gave birth. The mother and I acknowledged that I am the father of the child. Her husba...

04/27/2009 | Category » Paternity  State » ALL  #16186
What court would have jurisdiction over legitimizing the baby's birth?

A couple living together had a baby and at her birth requested that they be able to legitimize her by filling out the paperwork necessary and entering the father's name on the birth certificate. After a period of time their relationship fell apart and both wanted custody of the c...

04/27/2009 | Category » Paternity  State » ALL  #16207
Can I sue the biological father for child support of child I am raising as my own?

I have custody of my 3 children (16 year old born in Texas, an 8 year old, and 5 year old born in North Dakota). I was divorced in ND in 2004. I recently had a DNA test done on the 5 year old & the results were 0% that I am the father. I will now be testing the 8 year old. I ...

04/27/2009 | Category » Paternity  State » ALL  #16212
If I get remarried will the court consider my new wife's income when determining child support?

I have been paying child support for 8 years for a daughter I'm not sure is mine. I would like to get DNA testing to know if she is mine. Is it too late? Depending on outcome I would like to either a. stop paying, or b. get visitation. 2. If I get married, will the court take int...

04/28/2009 | Category » Paternity  State » PA  #16225
How do I establish paternity and request the name of my child be changed to mine?

In March 2006 I had sex with an Ivorian (citizen of Ivory Coast ) woman who was a student in Pennsylvania. I was a student in California (I am also an Ivorian citizen who came in the US for a one year program). After we had had sex for the first time the woman told me she was pre...

04/28/2009 | Category » Paternity  State » PA  #16252
Can I petition the court to establish paternity even though I am 59 years old?

I am a 59 year old woman whose birth was illegitimate. Can I still establish paternity through North Carolina court proceedings? Can North Carolina courts require my birth father and me to take DNA tests?

04/28/2009 | Category » Paternity  State » NC  #16259
Can the potential father force me into a paternity test so that he can be involved?

If a single woman becomes pregnant and the father could potentially be one of three men and she is not interested in finding out and is not asking for support, does the potential father have any rights to force her into a paternity test so that he can be involved, support, and kn...

04/28/2009 | Category » Paternity  State » ALL  #16260
If I was found to not be the father, can my name be removed from birth certificate?

Almost seven years ago my girlfriend got pregnant, with what I thought was my child. She convinced me to marry her and join the military to help pay for the medical expenses. We were married for two years while I was in the military and I raised my son during this time with her. ...

04/28/2009 | Category » Paternity  State » ALL  #16312
if my husband relinquishes his rights will he still be obligated to pay child support?

My husband fathered a baby outside our marriage. The mother of the child is asking for him to sign over paternity. Paternity has never been established If he does this will he still pay child support?

04/28/2009 | Category » Paternity  State » ALL  #16339
What are my rights to make the soon to be father acknowledge paternity

My ex boyfriend had manipulated me into having sex with him few times in the past month. He asked me to help him on his homework at his house, then had forced me to had sex with him. I was traumatized after the break up because I am still emotionally attached to him. He takes a...

04/29/2009 | Category » Paternity  State » ALL  #16430
What can my son do if he might be the father and does not want the mother to have an abortion?

My son was told that a girl he met and had a one night stand with is now pregnant. She is 18 years old. Her mother expects my son to pay 100% of the cost for the abortion. He does not want the child to be aborted. He also has been unemployed for 7 months. There is no way to ...

04/29/2009 | Category » Paternity  State » MI  #16471
Can I force the assumed father to take a paternity test?

My daughter is 8 years old and her father and I established paternity in 2001 by voluntary means (we were never married and he never requested a paternity test). At the current time, we have joint custody and he is trying to get full custody of her. However, I have a 6 month old...

05/04/2009 | Category » Paternity  State » AZ  #16567
How would someone establish paternity on a child they can not locate?

Someone came up to a friend of mine & told him that the child she had 12 years prior was his. She dumped this info on him and took off. She is currently in legal trouble for forgery, theft, conning people for money and my friend is unable to find where she lives and the child...

05/05/2009 | Category » Paternity  State » PA  #16569
Am I obligated to tell my attorney that a paternity test revealed I am not the real father?

Unwed father and mother have a child. Father's name on the birth certificate. Raises child as own for 4.5 years. Files for custody. Mother tells judge he is the father, then tells father to get paternity test. Non-legal PT done. Not father. Father wants to raise child, due to neg...

05/08/2009 | Category » Paternity  State » NM  #16613
How can a mother keep a paternal father's name off of the birth certificate?

Once paternity is legally established through DNA testing, can the mother keep the paternal fathers name off the birth certificate? The father is known and does not disagree that he is the birth father.

06/08/2009 | Category » Paternity  State » KS  #16899
How Does an Unmarried Father Relinquish Custody of an Unborn Child?

My unmarried daughter is pregnant and has secured the oral agreement of the biological father to give up custody. In return, she will assume full support of the child and not seek child support from the biological father. She will not be seeking any public assistance. How do t...

07/03/2009 | Category » Paternity  State » PA  #17320
Who Pays For Genetic Testing in Paternity Case in Utah?

If a new single mother requires a former friend, who is pursuing legal custody of her child to prove paternity, who is required to pay for the testing if it proves positive?

07/20/2009 | Category » Paternity  State » UT  #17656
Can I File A Paternity Lawsuit and Divorce Myself in Wisconsin?

My wife had a child 1-6-09 that is not mine. My name is on the the birth certificate. We are now separated and I'm paying child support and want to file for divorce, severe my parental rights and obligations to this child using the pro se method. We both know who father is. The ...

07/20/2009 | Category » Paternity  State » WI  #17675
How Do I Establish Paternity in Texas?

My son's wife is in prison for a drug conviction. They have 5 children together. The oldest child was born before they married and the mother did not list my son as the father, otherwise unknown. What do we need to do to protect my grandson while his mother is in prison? And ...

08/03/2009 | Category » Paternity  State » TX  #17928
How Much Does it Cost to Establish Paternity in Kansas?

My son's mom and I split up 4 years ago. We were never married. Since we separated, my son has lived with me full time. It has always been an agreement between his mom and myself. I want to get something in writing to make it legal. She said as long as I don't go for child suppor...

03/22/2010 | Category » Paternity  State » KS  #21499
If I volutarily take a paternity test for a 29 yr child, what legal action can be taken against me?

I Received a phone call last week of a woman claiming to be my child she is now 29 years old. She told me she lived thinking another man was her father until the age of 13 then she was told I was the father, I have only minor recollection of the woman ( I was 17 at the time) she ...

03/10/2012 | Category » Paternity  State » GA  #25630