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FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 684
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 36 years
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I have a family member who put s name on a child's birth

Customer Question

I have a family member who put his name on a child's birth certificate that was not his child's, while dating the child's mother. Soon after she refused to have any contact with him, or allow contact between he and the child. 5 years later she sought child support from him. He has since had DNA testing proving he is not the father , but it was disregarded by the court because his name was on the birth certificate. The mother has now takimen him to court for back pay for the years she had not initially sought out support. She is aware of who and where the real father is, is there no process for him to be DNA tested and be held responsible for the child support at this point? Or is there any other path to ensue?
Submitted: 4 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 4 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Are you okay with rating me? I would really appreciate it!

Expert:  FamilyAttorney replied 4 months ago.

Is this family member going to have an attorney help him with this or is he going to be unrepresented?

Expert:  FamilyAttorney replied 4 months ago.

I found a W Va case that has similar facts to this case, where the mother knows who the father is and the Child Support Enforcement Division took the bio dad to court and got him DNA tested. It was established that the man suspected of being the real bio dad was indeed the bio dad and the court held that even though the other man's name was on the birth certificate, the biological father had to pay child support.

The case is here:

http://www.courtswv.gov/supreme-court/docs/Spring2000/26638.htm

Expert:  FamilyAttorney replied 4 months ago.

In this situation, an attorney would really help. If your family member needs an attorney, just let me know and I can find attorneys in your area once I know the general city/town that he's near. An attorney would help because he's going to want to get Child support enforcement division involved to get child support from the correct person. It is not going to be easy to do but an attorney will be able to do this for him. I strongly recommend it.

Just let me know and I can provide a list of attorneys for him.

In the meantime, this case allows for paternity testing of the biological father even though your family member is listed on the birth certificate. I'm sure family lawyers in your state know this case and others like it and know that they can try to get child support enforcement to go after the bio dad. However, knowing that this has to happen and getting it to happen could be two different things --- this is why I'm suggesting that he get an attorney to help him. After all, it could save him years in child support.

He does have a remedy here, and that is to get the bio dad DNA tested as in this case. A family lawyer will be able to help him with this.

Does this help you and answer your question?

I am more than happy to answer additional questions based on this one if you want.

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Expert:  FamilyAttorney replied 4 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks!

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