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Smex! Due November 30 (girl); 5 kids; Chehalis, Washington 31994 posts
13th Jun '13

<blockquote><b>Quoting tonys_mama(army wife):</b>" <blockquote><b>Quoting Smex!:</b>" <blockquote><b>Quoting tonys_mama(army ... [snip!] ... They fail all the time. If my husband had one and I got pregnant he wouldn't question if he was the father or not."</blockquote>




My husbands black baby is white...

lolajessup 3 kids; 1 angel baby; Beaverton, Michigan 44070 posts
13th Jun '13

More than likely hell had to pay. When someone signs a bc they are taking responsibility for that child. I've seen judges say "well you signed knowingly taking responsibility for that child so they're yours, pay up"

JΔS Georgia 74548 posts
status 13th Jun '13

<blockquote><b>Quoting Smex!:</b>" <blockquote><b>Quoting Jillynne:</b>" This is very difficult to understand."</blockquote> ... [snip!] ... He knowingly singed the bc and now wants to get a test done and he wants to deny her and not pay child support."</blockquote>



The child is legally his, regardless of DNA. Unless the biological father steps up, your ex is financially responsible for the child. Signing over his rights will not get him out of CS. He may not even be allowed to sign them over.

Smex! Due November 30 (girl); 5 kids; Chehalis, Washington 31994 posts
13th Jun '13

<blockquote><b>Quoting Dr. Paradigm Shift:</b>" Er, not really, he is that child's legal father by his own voluntary doing. "</blockquote>




He has always gotten out of paying support on his others so this is just how he's doing it now... For f**ks sake he tattooed her name on him.. He wanted to be her dad but not that he may have to pay he wants to wrote her off.

Crystal 3 kids; Hephzibah, Georgia 15566 posts
13th Jun '13
Quoting Dr. Paradigm Shift:" He could have contested it at that time. "

What's crazy is, he had the Vas in '05. In the following 5 years, it's still possible to impregnate a woman. So if she has a 5 year old, there's a slim chance she could actually be his.

user banned 2 kids; New York 34017 posts
13th Jun '13

He had a vasectomy in 05..but you gave up two kids in 07? Did you guys have an open relationship? Sorry, off topic, I know..



I would just talk to your lawyer and see what he/she says. I found this..



VOLUNTARY PATERNITY RECISSION PROCESS
An admission of paternity made by signing an Affidavit of Parentage is considered final unless it is rescinded by either parent. Rescission is permissible up to sixty (60) days from the date of signing, unless an order establishing paternity or support is issued earlier than sixty (60) days.

To rescind an admission of paternity, the challenging party must complete and file with the court a Motion And Notice Of Hearing To Rescind Affidavit Of Parentage (AOC-CV-916M), accompanied by a copy of the signed Affidavit Of Parentage, within sixty (60) days of the date of signing.

NOTE: The AOC-CV-916M can be obtained by the challenging party from the Clerk of Court. This form is not available in ACTS and is not to be completed by the caseworker.

It is the responsibility of the challenger to serve notice on all parties in a case, including the child support agency, in accordance with Rule 4 of the North Carolina Rules of Civil Procedure. If the court orders rescission of the paternity admission, the Clerk of Court must send a copy of that order to the State Registrar of Vital Records. The father's name is then removed from the birth certificate. If the requesting party fails to appear or present the issue, the court must find the putative father to be the legal father of the child.

Filing usually occurs in the rescinding party's county of residence; however, N.C. law does not require that rescission requests be made in any specific county. It might be appropriate to inquire of the parties or ask the Clerk of Court to search the AOC Civil Case Processing System (VCAP), if reason exists to believe that a rescission request has been made. A report of any rescission is included in all future birth records requested from N.C. Vital Records.

After more than sixty (60) days have passed since the signing of the Affidavit of Parentage, paternity can only be challenged in court on the basis of fraud, duress, mistake, or excusable neglect. The burden of proof is on the challenging party. If a support obligation exists, it is not suspended during the challenge, except for good cause.

After a request to rescind an admission of paternity is granted by the court, if the mother again names the same putative father, paternity establishment activities would proceed as though no action had previously occurred. It is probable that paternity testing and/or a civil paternity action would be appropriate in this situation.

RESCINDING AN ADMISSION/FINDING OF PATERNITY
An admission of paternity that resulted from an alleged father/NCP signing the Affidavit of Parentage can be rescinded within sixty (60) days of the signature.
When notified that the NCP has filed a Motion And Notice Of Hearing To Rescind Affidavit Of Parentage with the Clerk of Court, caseworkers must document the hearing date in ACTS.

When the court orders a rescission of paternity, caseworkers change the paternity status of each child who is affected by the rescission in ACTS.

Pukey McPukerton Due January 15 (girl); Ontario 465 posts
13th Jun '13

<blockquote><b>Quoting Smex!:</b>" <blockquote><b>Quoting tonys_mama(army wife):</b>" <blockquote><b>Quoting ... [snip!] ... know she wasn't his at the time he signed the birth certificate."</blockquote> He's sterile had a vasectomy in 05"</blockquote>



My husband had a vasectomy...... And I know this is his baby! Unfortunately for him LOL dildos don't make baby's.

tonys_mama(army wife) 4 kids; 1 angel baby; Fort Irwin, California 15536 posts
13th Jun '13

<blockquote><b>Quoting Dr. Paradigm Shift:</b>" Er, not really, he is that child's legal father by his own voluntary doing. "</blockquote>



I agree. He should be held responsible for the kid but there are ways he can get away without paying.

. , Richmond, VA, United States 74784 posts
status 13th Jun '13
Quoting Dr. Paradigm Shift:" "Poor guy" brought it on himself when he took on that responsibility and signed for it. He isn't a child. "

:!:
It should be "poor kid".

Carley 1 child; Cheesetown, WI, United States 775 posts
13th Jun '13

If you're married the husband (even if not the father) is automatically put on the certificate? Because here he had to write his information down and sign something...it wasn't automatic.

Smex! Due November 30 (girl); 5 kids; Chehalis, Washington 31994 posts
13th Jun '13

<blockquote><b>Quoting JiLLiAN.:</b>" He had a vasectomy in 05..but you gave up two kids in 07? Did you guys have an open relationship? Sorry, ... [snip!] ... a rescission of paternity, caseworkers change the paternity status of each child who is affected by the rescission in ACTS."</blockquote>



No we separated after the adoption and I got pregnant.

Smex! Due November 30 (girl); 5 kids; Chehalis, Washington 31994 posts
13th Jun '13

<blockquote><b>Quoting ¿ ¼ ¿:</b>" :!: It should be "poor kid". "</blockquote>




I agree she doesn't understand why he didn't say goodbye or won't talk to her anymore :(

. , Richmond, VA, United States 74784 posts
status 13th Jun '13
Quoting Smex!:" <blockquote><b>Quoting
GlamChic Due August 7 (boy); 1 child; North Carolina 4585 posts
13th Jun '13

I just realized that you're pregnant. Poor children.

user banned 3 kids; Los Angeles, California 54034 posts
13th Jun '13
Quoting Riley Elise:" If you're married the husband (even if not the father) is automatically put on the certificate? Because here he had to write his information down and sign something...it wasn't automatic."

I was gonna say, I don't think every state has the "you're married, you're the father rule."



I know my husband had to show an I.D. and sign off as daddy, if he wouldn't have, that spot would have been blank. He had to go out of town for a day after the birth and we could do zero paperwork with him as father listed until the next day.