QUESTION
How can a man be officially acknowledged as NOT being the father of a child he recognized on birth certificate?
Asked on Aug 16th, 2013 on Family Law - New Jersey
More details to this question:
Mother and father had a casual relationship in 2003; woman claimed she was pregnant with the man's child but never agreed to a pre-natal DNA test. Child was born in Puerto Rico in early 2004. Father (US perm resident) acknowledged paternity on original birth certificate and started sending support money to the PR woman for a few months. In Summer 2004 a DNA test was performed and excluded man's paternity. In 2005 man received PR court documents stating woman requested SOLE CUSTODY of the child. Does this mean that man was officially taken out of birth certificate as the father? Does it mean he has no financial duties to the child? Does it mean the child would not be considered one of the man's heirs? Thank you.
1 ANSWER
2 Awards
You've asked a lot of different questions. Even if one parent is granted sole custody, that does not sever the parental rights of the other parent. Even if there is a DNA test that says in the court the child does not belong to that father, the birth certificate still says that, so the father will have to try to get the birth certificate corrected. If not, it would seem the child would still have the legal right to inherit form the father's estate, if there was no will.
Answered on Aug 17th, 2013 at 11:07 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship