QUESTION

When a child is born and the mother of that child allows another man to sign the birth certificate, can she then come after someone else for support?

Asked on Oct 26th, 2011 on Family Law - Virginia
More details to this question:
I''m faced with a situation where after 9 years, the mother of this child and the father are no longer together. When the child was born, the alledged father signed the birth certificate, participated in raising this child and had (or still has) an order of support for this child. After taking a paternity test, it was determined that he in fact is not the biological father and now she wants me to take a blood test, and pay support if I am found to be the biological father. I have very strong feelings against this due to the fact that 9 years has passed and another man was already providing for this child finacially and emotionally, and now I am expected to come into this situation and pickup where he left. I don''t think that this is right, but then again who am I to determine that? I would like to know what I am facing when we go to court, and what rights do I have to challenge this (if any)?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Mistakes are made on birth certificates all the time and they can be amended later.  The birth certificate itself does not prove who the father is and who ultimately has responsibility for supporting the child.  The mother cannot collect support from more than one person, so as long as the presumed father is paying support, she cannot seek it from you.  But if he has been released from the child support obligation based on a DNA test, then she can seek support from the true natural father.  If she sues you for child support, you have the right to demand a DNA test to determine whether you are the actual biological father of the child or not.  If it turns out that you did father this child, then you have a legal obligation to provide financial support for the child.  If another man has been assuming this obligation for your for the past nine years, then you just got nine years for free and should consider yourself lucky. She cannot go back in time and collect those nine years from you retroactively, if she did not file for support from you until now. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Oct 26th, 2011 at 2:58 PM

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