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If the couple are unmarried paternity must be established before a child support petition can be filed. If the father refuses to take a paternity test the court can order him to do so. The matter of not knowing his last name is indeed troubling and may be reason enough for the court to deny any motion for testing or support. Contact the department of family and children's services or the state health and human services in the state of residency for assistance.

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17y ago
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12y ago

Unless the man admits to being the father, a court will order a DNA test be done to determine your child's paternity. If he is the father, he will be ordered to pay child support.

ANSWERFirst you should talk to him and offer to split the cost of a testing kit, about $150. Tell him if you need to go to court, he will be ordered to pay all costs. If he is the father, than use a Mediator to put together a court order cover all the necessary issues. see links
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9y ago

Yes, plus the mother can wait up to 18 years to file for a retroactive child support order.

---- As a single man, you have NO ASSUMED RIGHTSto the child. Watch the movie trailer at the link below about a single father. ᵅ

But, some recent material shows there's a possible option that you could file for custody even before the child is born, in the state where the child was conceived.

Get an order enter forcing a DNA test, unless one has already been done.

DO NOT PAY ANY KIND OF SUPPORT FOR THE CHILD UNTIL A DNA TEST IS DONE, AS IT ACKNOWLEDGES YOUR FINANCIAL RESPONSIBILITY FOR THE CHILD.

Once you begin paying child support, regardless of whether you are the father or not, you can be required to continue paying.

If you are paying without a court order, it can be considered a gift, with you ordered to repay for the same time period, especially if she's on Welfare, up to 18 years worth.

If one has not been done, go to the child support enforcement to setup a voluntary order. Wait for them to file against you will result in you paying all court costs of up to $5000.ᵉ ᶠ

Take a certified parenting course. The court is going to order you to take it anyway, so by showing you've taken it only looks good to them.

Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.

Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You're that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state. Now, you can't just record, you also have to transcribe it into the daily journal.ᶜ

If you are being denied access, write her a letter notifying her of intent to exercise visitation on a specific date, like Saturday 10 AM to 6 PM. Sign it and make three copies. Mail the original Certified Mail and the other with Delivery Confirmation (75¢ + postage). If she rejects the one, she still receives the other. Whether the Certified Mail confirmation card or the Certified letter comes back, attach it unopened to a copy of the letter, plus a printout of the Delivery Confirmation from the web link below.ᵇ

When you file for visitation rights, take these documents to the County Courthouse. Have the Clerk of the Court notarize it and than place it in your case file. Do this three times before considering going to court. When you do go to court, the judge will these letters while preparing for the hearing.

When you show up to pick up the child(ren), bring witnesses. Do not enter her place alone. If you can record, have someone video record. Check the site below to see if it is illegal to record audio and/or video without the mother knowing. If her state does not have a law either way, than it defaults to the federal ruling, which says one person in a conversation, must know they are being recorded. THAT'S YOU!

The court will order you into mediation, so take the lead first and suggest it to her. Instead of hiring attorneys, going to a mediator, you can hammer out an agreement. A mediator is an attorney or paralegal with certified training as a mediator. You each have to pay half the fees in order for the mediator to have the appearance of being unbiased.

If you and the mother are civil, consider Bird Nest Custody. In this the child lives in one home and each parent live there for 3-4 weeks, than switch. You live with friends, family, rent a room, etc. on the off time. In this manner, your child's life is not disrupted. They are not being shifted back and forth. They keep their own room, friends, school, etc. It is hard on the parents, but than the child comes first. This is the form of custody rocker Ted Nugent had.ᵈ

If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link to an educational manual that can teach you what you need to know. Take the time to learn what you can and should do.ᵍ

----

ᵅ Fathers Rights: The Movie

ᵇ United States Post Office: Delivery Confirmation

ᵈ Bird Nest Custody

ᵉ Child Support Calculator

ᶠ Child Support Laws - At What Age Does Child Support Stop?

ᵍ Dads House

ʰ JURISDICTION OVER AN IN UTERO CHILD

ᶜ Can We Tape

Other sites to check

Fathers & Families

Parental Alienation Syndrome

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12y ago

If you are proven to be the child's parent and the court orders you to pay child support, you have to pay it, whether or not your name is on the birth certificate or whether the child has your name.

The answer is yes. The court can order you to submit to a paternity test. Once paternity has been established you will be required to pay child support.

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13y ago

Yes if, e.g., genetic testing establishes that someone other than the man who is listed on the birth certificate is the child's father. Also, in Illinois, the man who signed the birth certificate has 60 days to rescind his acknowledgment.

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12y ago
  • A biological father is the father of the child. A step-father is not. If the step-father has legally adopted the child that is not his when married then yes, he would have to pay support. If not married and the child is not his then no, he does not have to pay child support, but he may have to go to court to resolve the matter.
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12y ago

you could request a DNA test if come positive the court will make him pay for sure

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13y ago

Yes. Paternity must be established before support is ordered.

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13y ago

When he signed the birth certificate he became the father until/unless the courts rule otherwise.

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Q: Does a father have to pay child support even tho he is not the biological father and signed the birth certificate?
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In the state of Mississippi can someone be made to pay child support on a child who is not really theirs even if they signed the birth certificate?

The man who signed the birth certificate is the child's legal father until/unless a court rules otherwise, and can be made to pay support.


If you sign birth certificate do you have to pay child support if later you are found to not be the father?

No. However, if the alleged father has signed the birth certificate, he is acknowledging that the child is his. There are steps to take in order to be taken off of the birth certificate and relieved of the obligation of child support, including a paternity test and an amendment to the birth certificate.


What if father finds out he isn't the biological father What rights will he have we are not together and the biological father wants to step up?

The process to get the birth certificate changed, any custody orders and child support corrected, etc., will be different in each state. You may need to see an attorney who specializes in family law. Generally there will be petitions to family court to get everything straight. You will almost certainly need an affidavit signed by both 'fathers' and DNA testing to prove who is (and isn't) father.


Can the biological father get any custody rights if he did not sign the birth certificate and the mother of the child was married but is divorced now and her ex husband signed the birth certificate?

Yes, but he will have to file a petition for visitation. He may also have to go through paternity testing to verify.


Can a father force an unwed mother to give her baby his name in NJ after the birth certificate is already signed and done?

By court order, he can, if he's under a child support order.

Related questions

When the biological father has sole custody and the mother has signed away her parental rights many years ago how does a biological father remove his name from his child's birth certificate?

he says i dont want your dam child


Can you get the father of your child for child support even though your husband signed the birth certificate?

Unlikely. Your husband is the legal father of the child.


In Va if you are NOT by DNA be the father do you still pay child support?

You will have to file with the original court to have the child support order lifted in light of the new evidence. In some states however if you were married and or signed the birth certificate you are legally responsible for the child regardless of biological relationship.


Can you get child support from your sons biological father even if he signed his rights over?

Yes, unless the child has been adopted.


In the state of Mississippi can someone be made to pay child support on a child who is not really theirs even if they signed the birth certificate?

The man who signed the birth certificate is the child's legal father until/unless a court rules otherwise, and can be made to pay support.


Does a nonbiological father have rights whose name is listed on the birth certificate?

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 in court!


If you sign birth certificate do you have to pay child support if later you are found to not be the father?

No. However, if the alleged father has signed the birth certificate, he is acknowledging that the child is his. There are steps to take in order to be taken off of the birth certificate and relieved of the obligation of child support, including a paternity test and an amendment to the birth certificate.


In the state of South Carolina is there any way for a non-biological father get any visitation rights if he signed the birth certificate and the child has his lat name?

The child's last name isn't relevant. However, once you signed the birth certificate, you became the child's father until/unless a court rules otherwise and, yes, you could get visitation.


What are the custodial rights of unwed mothers in the state of Tennessee?

In all U.S. states the biological unwed mother is considered to have sole legal and physical custody of her child. If the biological father wishes to assert his parental rights he must first establish paternity to the child in question and petition the court for visitation privileges or custodial rights. If the mother wishes to pursue child support for the minor child she must show proof of paternity (signed birth certificate, or notarized affidavit for the father). It is the responsibility of the alledged father to prove he is or is not the biological father of the child, regarding custody, visitation and/or obligation of financial support.


What if father finds out he isn't the biological father What rights will he have we are not together and the biological father wants to step up?

The process to get the birth certificate changed, any custody orders and child support corrected, etc., will be different in each state. You may need to see an attorney who specializes in family law. Generally there will be petitions to family court to get everything straight. You will almost certainly need an affidavit signed by both 'fathers' and DNA testing to prove who is (and isn't) father.


You are the father same last name signed birth certificate do i have to pay child support?

Yes, but if you're not married to her, you have no rights to the child. see link


When is the father's name not on birth certificate?

It depends upon a lot of factors - where you live, rather or not the mother is agreeable to his name being placed on the birth certificate, if there is already a father listed on the birth certificate, if the mother was married to someone else at the time she gave birth, etc., etc.