False Father Name on Birth Certificate

[tinatorres84]

I know of a family member who has separated from her husband. She is receiving public assistance for three of her minor children; two of which belong to her husband. A child support claim has gone into affect for the two children (child A &B) that biologically belong to the husband. An additional claim has been sumbited in regards to the oldest son (child c) that does not belong to her husband.

This family member has informed me that the name listed as the father of her oldest son is not his biological father. She was pregnant with her son and the biological father wanted nothing to do with her. Some time later she met "Man A" who agreed to take responsibility of child and raise him as his own as they started a new life together. I do not believe MAN A ever signed any documentation.

Therefore, the question is, if a paternity test were to be requested in regards to child support claim and it were to come back negative, which it will, can my relative be charged for fraud or any other account because it is not the biological father?

What would be the best thing for my relative to do? She was informed that if she were to drop the child support claim of child C then the claim for chil a &b would also be dropped. is this correct?

[AFFA]

Re: False Father Name on Birth Certificate

I wish to inform you that if paternity is established through fathers name on birth certificate then father will have to de-establish paternity. Further if a person is married then it is assumed that child belong to father unless there is a court order setting aside paternity. After court has passed order declaring that your relative is not father then he may not be held liable for child support. Your relative cannot be held liable for fraud or such act because he has not made false document and mother of child knew all correct details.

AFF

[goddessoflubboc]

Re: False Father Name on Birth Certificate

If she is still legally married then the only mans name who goes on the BC at first is her husbands. He is the legal father.

Depending on the location after that the biodad or husband may request DNA.