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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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Hi Sir or Mam here is my i have been rasing a child for ...

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Hi Sir or Mam here is my ? i have been rasing a child for the last 8yrs her mom chose not to see her for the most part. now after 7yrs and 18months in jail she is starting to get involed a little. we have talked over the years and never made a big deal about it but the child is not mine. after the first yr my child was born my x left and i have been rasining the child since then. im looking to get a DNA test to prove the child is not mine. after that im looking to take her mother to court and turn over all rights to the mom. it i not my child and i should not have to raise. now her mom is acting like adult i wise to move on with my life. what is the cost i would possible be looking at to do this. understand i dont wish to have any financial or personal involvement with the family or child. thanks you for your time D
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Did you ever sign your name on the birth certificate for this child?

When you been she is your "x" do you mean she is an ex-girlfriend or ex-wife? If she was your wife, was the child born during the marriage?

Customer: replied 9 years ago.
Reply to LawNinvest's Post: x was my wife and all i have is a copy of the certificate of live birth which my x-wife signed not me i dont belive this is the same. here is one more thing when my x went to jail all her court info uses her maided name not her married i thing she used a fake id on our original merrage records should i due something about that has well. and yse the child was born during during the marrage.
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your reply.

1) The husband is considered the father of all children who are conceived during the marriage. Since you were married when this child was born, you are considered the father. The court may deny any petitions to challenge paternity since seven years have passed and you have been taking care of this child. Even if the court ordered paternity testing, it is possible that you will still be treated a the father and can be ordered to be financially responsible for this child. The court will not easily remove you from that parental responsibility unless the biological father comes forward to challenge paternity, or there is a step-parent adoption where you voluntarily relinquish parental rights. For all legal purposes your name will remain on the birth certificate as the father and you will unfortunately be ordered to pay child support if she requests it.

2) As to the fake ID, since the marriage is now dissolved there is nothing you can do about the fake ID. If she was an adult when she got married, the marriage would still be valid and the divorce as well. In general a fake ID is considered a misdemeanor offense and she would have had to been charged with this offense within one year that she committed the offense. Since you are not even sure that she actually used a fake ID, the police would not be able to charge her with anything.

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