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I was 4-6 months pregnant when I got with Rob so he

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knew right away he was...
I was 4-6 months pregnant when I got with Rob so he knew right away he was not Abbys father. After she was born I put my name on her Birth Certificate. 3 months later he wanted his name on it because to him blood didnt matter. He signed a voluntery waver of DNA and stated he would be the father. Now that we are split up I let him have her every other weekend under his term and he claimed her on his taxes. All of this while I split the bill. He pays for non of her care what so ever. I asked him to pay for medical he said if i go after him for money he will petition the courts to take his name off and they will do it because he is not the dad and will never support her. He said as long as I do what he wants and says reguarding her he will stay her dad. He loves her alot and was fine till I said he couldnt have her for the 4th of July because he got her all the other holidays. He uses the fact that biologically she isnt his, but I told him he signed a voluntary paternity paper and it says he will be medical and financially responsable till she is of age. He signed it in fron of witness then it was mailed back to us after the judge ok it and sent us a new Birth Certificate with her new name on it. What rights do I have. I make 3000 a month support 5 kids he makes the same only himself and I provide 100% of everything he gets the writeoff. I want him to stay the dad he choose it not me. I gave her my name no father and he took the resposablity over. Now that I ask for 100 a month he wants out.
Submitted: 9 years ago.Category: Family Law
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7/1/2008
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
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Customer reply replied 9 years ago
Reply to LawNinvest's Post: 15 months old he is a awsome dad but said he will drop her in a flash because I asked for 100.00 amonth
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Thank you for your reply.

Once he signs the voluntary acknowledgment of paternity and has assumed the parental role, it would be very difficult to convince the judge to terminate his parental rights. Under the law you can seek a child support order from him. In Utah the amount of basic child support is around $298 to $379 a month. The estimate is based on the several different calculators the state has depending on the custody arrangement. There are several ways to determine support in Utah which you can review here. Asking for $100.00 is very generous on your part.

Although he can request the biological father to come forward for the paternity testing, this does not mean the judge will automatically terminate Rob's rights. If Rob has been involved with the child and there is no relationship with the biological father, the court has the discretion to keep Rob responsible. So it is not soon easy as Rob claims it to be. But it can happen.




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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
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Customer reply replied 9 years ago
Abby has seen her biological father 2x for a total of 1 hour in last 15 months. Rob lived with Abby for last 13 months. She sees him every other weekend. I allow him to freely see her and do what ever. He keeps threatening me he will take his rights off Abby if I dont give him his way. He even does harassing phone calls. I dont call the police cause his PO will drag him to jail. It isnt about wanting money just a little help he said if I ask he will deny her and take name off. What do I if I file a support order and he doesnt want to see her then. I wont deny him access to her at all. He can still see her and take her for the weekends if he wants but if he doesnt I dont want him to tell judge I am dening him his father rights.
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Unfortunately you cannot force someone to see their child if they no longer want to. If there are no custody orders in place, it would be difficult for him to show that you have denied him access since he has a flexible arrangement and he would need to show specific events where you denied him rights. Otherwise, you can file with the court to issue a custody order so he knows when he has rights to see the child. That way, if he refuses to show up on his days, he would need to come up with a good reason for failing to make the visits. You will need to keep records showing that you are not denying him any access to the child.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
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Customer reply replied 9 years ago
Sunday he yelled at me he would go find someone elses daughter to go to 4th of july parade with I told him fin he wasnt getting her he called saying he will see me in court to take his name off then i said fine.. Then he called 15 min later sayiong sorry that no one taking his daughter away. He is really awful to me on the phone calling be foul names to point I no longer answered it. So he called me every 15 min till 11pm I still didnt answer but I did send him a email stating if he wants to be nice stop yelling calling me names we can go to mediation to resolve it. He called last night I spoke with him all he did was yell at me tell me if I dont like the arrangments he makes then he will not see her and he will take me to court. I feel am stuck. She loves her daddy but the stress is killing me. I have no say when it comes to her. I have to listen to only him. I have taped all phone voice mails. Also save text messages.

I dont have money to get an attorney or lawyer how do I start the process and how do I know he wont come after me in violance. Issue we had was Jun 12th he asked me to take him back I kept saying no he said he will make my life a living He!! because of it. I feel he has succeeded. I cant take it anymore. He even mentioned maybe he needs full custody not me.

I get 3000 a month from SSI because the 3 other kids dad was killed in accident The money is there not mine. I dont even have to do taxes on it because of that. I personally only get 766.00 a month because I was married 15 years to him. So financially I am strapped to death and I live on my own with the kids. He lives at moms. Not fair I have to pay it all he gets to write her off and pay nothing :(
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Thank you for your reply.

Sorry for the late response as I had to step out of the office.

1) Two ways to get child support. Through the Utah child support enforcement agency here or through the courts which you can find the forms here. You don't need a lawyer if you use the child support enforcement services.

2) You don't need to file for custody inorder to request child support. Since you have the child in your custody you are considered the primary custodial parent. It would be up to him to decide whether he wants a custody or visitation order. For your information those forms can be accessed here

3) If you are not able to afford a lawyer you can contact you local legal aid to see if you qualify for free or low-cost representation. You can access a list of agencies here.




Please click accept.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

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Customer reply replied 9 years ago
I found those forms it is just confusing. Do I just fill them out and take to the court. What if he starts doing the phone calls because of it all again :(

Do not be sorry for the late reply you are doing me a huge favor and I plan to pay the fee to you for all the help. I would of waited forever. I am that stressed out.
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Thanks for the reply.

As stated you can collect child support two ways one through the courts (yes, you fill out the forms and file them with the court) or the best approach would be to contact the Utah Child support enforcement Agency and have them do the paperwork for you, it is free and they will do everything for you. I provided the link to that resource in the last answer.

Harassment is a crime, so if you want him to stop you can report this to the police. I understand that his probation can get revoked, but then those are the consequences for his behavior. Up to you on how you will want to proceed with that. A restraining order can also be obtained for the harassment, but again it will affect his probation.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

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Customer reply replied 9 years ago
I was on the Utah Child support enforcement Agency site but I think he has to be the biological father unless am reading it wrong.

If I file the harassment will they take him to jail or just make him stop. I just want it to stop sick of it... My mom said I should call the PO today and see if they can talk to him to get him to understand it is a crime...
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
I would agree with your mom, call the PO and have them speak with him, that should stop it. If not, then you have no other alternative but to report the harassment and it will be upto the police on how they handle it.

Not true about the child support enforcement agency. So long as there is a legal father, you can use their services. Legal father means having signed the affidavit of paternity or being named the father through a paternity test. Since he signed the affidavit, he agreed to be treated as the legal father. So you can use that to get a child support order with the agency.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
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Customer reply replied 9 years ago
Ok I will try that. He due to call any min and it means he will call me a name and ask to speak to her then call me another and hang up tuff to handle it
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