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Someone else signed the birth certificate Indiana

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  • Someone else signed the birth certificate Indiana

    Recently a woman that I use to date years ago came back into my life stating that her 14 year old son is my son. But she told me her ex-boyfriend signed the birth certificate accepting all responsibility of the child. He also has his last name. But, I guess recently he's not been around alot. I don't know my legal rights in Indiana. Can she come after me for child support even if another man signed the birth certificate? Can the courts make me take a DNA test? Not sure if it's my son or not but why come back around after 14 years? I don't know whether to believe her or not. What are my legal options in Indiana?

  • #2
    Why ask why ??

    Originally posted by misunderstood? View Post
    Recently a woman that I use to date years ago came back into my life stating that her 14 year old son is my son. But she told me her ex-boyfriend signed the birth certificate accepting all responsibility of the child. He also has his last name. But, I guess recently he's not been around alot. I don't know my legal rights in Indiana. Can she come after me for child support even if another man signed the birth certificate? Can the courts make me take a DNA test? Not sure if it's my son or not but why come back around after 14 years? I don't know whether to believe her or not. What are my legal options in Indiana?
    An Attorney would be the one to explain your options.
    However,
    until the old girlfriend puts her cards on the table, you might want to just keep one on speed dial, you might be freaking out over nothing..
    And yes if it should come down to it the courts could order you to take a DNA test which I would think you would want to do anyway.

    Welcome to parenthood. ( maybe )
    Good Luck.

    .._________________
    ~ Free advice is like a public defender,
    you get what you pay for. ~ drr

    Comment


    • #3
      Well there are some concerns here. How do you feel about this? Do you want to know? If so you can file the motion to have paternity established. If not then long as Mom does not pursue this action there is nothing to be concerned about.
      http://www.parentnook.com/forum/

      Comment


      • #4
        Originally posted by panther10758 View Post
        Well there are some concerns here. How do you feel about this? Do you want to know? If so you can file the motion to have paternity established. If not then long as Mom does not pursue this action there is nothing to be concerned about.
        Every since she told me about the situation, I have been around and formed a relationship with him and got into a relationship with his mother. It did eventually turn into a very unhealthy relationship so I decided to end the relationship but I still wanted to be in his life. She got very angry and threatened to take me down to child support and take me for everything I got. She is being very evil and mean right now and I just wanted to know could she really do that.

        I have been hearing a couple of different stories that once a man put his name on a birth certificate knowing that it is not his child, Then he will be forever responsible no matter what.

        I also heard that the only way she would be able to come after me is to hire a private attorney but it would cost alot of money.

        I'm one of the good guys and I just wanted to know legally in the state of Indiana what could she do. I just want to be prepared and protect myself at the same time.

        Comment


        • #5
          Originally posted by misunderstood? View Post
          I have been hearing a couple of different stories that once a man put his name on a birth certificate knowing that it is not his child, Then he will be forever responsible no matter what.

          I also heard that the only way she would be able to come after me is to hire a private attorney but it would cost alot of money.
          Both statements are mostly true.
          - "The law" has been around a very long time but DNA is pretty new. Meaing that there is a ton of case law involving "who is the parent" that does not involve DNA. Not all contested parent decisions use DNA to settle the issue.
          - The judge is pretty much the Deity. They can be overruled on appeal but there is very little they cannot do in their own court room. A judge can most certainly order a DNA test or pretty much anything else they want. Including changing the father of record with or without a DNA test.
          - It is not accurate to say that once a man puts his name on the birth certificate it is forever. It is more accurate to say that once someone holds up their hand and becomes a parent (legally) the court is generally more interested in the rights of the child, not the rights of the father. The court can certainly "de-parent" someone, but they need a good reason. It is generally not a matter what the mother wants, but rather what the court thinks the best interest of the child is. There have been (a few) cases where the original male listed on the birth certificate was later proven to not be the biological father, but the court refused to de-parent that person because it was not deemed in the best interest of the child. And of course courts have gone the other way. No sure things here.
          - Yes attornies like being paid, and good attornies like being paid a lot. BUT there are legal aid and other free/low-cost legal options, and there is CHANCE the a mother could get legal help on this without paying a lot for it.
          - Taking someone to court is generally expensive. Sending them a scary letter from a no-name attorney is generally inexpensive.
          - Anything you say can and wil be used against you in court. The other side does whatever they do and you have no control over that. You do have control over you saying things or taking actions that help make their case for them.
          Last edited by DAW; 08-15-2012, 03:05 PM.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Das ist in der Doktor!

            Originally Posted bymisunderstood?
            I'm one of the good guys and I just wanted to know legally in the state of Indiana what could she do. I just want to be prepared and protect myself at the same time.
            (you should have thought of that when you first met her )
            Its been said that the good guy always gets what's coming to him in the "end", ( or words to that effect )
            Now that the ex GF has thrown her cards on the table, this might a good time to make that call to an Attorney.
            ya think?.
            Being one of the good guys and getting what you deserve is all well and good, but if you're not careful, after all is said and done,
            you may find it a bit crowded down there and walking a little more difficult than you last remembered....
            Good Luck.
            ..___________________
            ~ The thing about getting old is your body has a way of telling you when it’s time to start making decisions using a different part of your anatomy. ~ drr
            Last edited by drruthless; 07-15-2012, 05:36 PM.

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            • #7
              I'd be willing to bet that unless you end up dealing with a femi-nazi judge, the judge would rule in your favor.
              1. The BF accepted the responsibility of the kid by signing the berth cert. and giving the kid his last name.
              2. Only now, when he's 14, does the ex-GF tell you.
              3. *I presume* the ex-GF could have found you between the date of birth and now, am I correct?
              With those three, I think you have no problems to be hugely concerned about.

              I still think, however, that discussing this with a lawyer would be the best thing you could do, just in case. State law can mean an awful lot, and only a paid professional would understand those laws enough to make the best and most-correct choice.
              I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
              Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
              I also may not have been either sane or sober when I wrote it down.
              Don't worry, be happy.

              http://www.rcfp.org/taping/index.html is a good resource!

              Comment


              • #8
                The information that I've been finding out is that, the man signed the birth certificate and took full responsibility. The only thing the mother can do is hire a lawyer and it's going to cost alot of money. The Indianapolis, IN courts won't automaticly go after me because there's already a father established on record. I guess it's just a waiting game now. Thank you everyone.

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