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  #1  
Old 08-22-2011, 08:53 PM
nononsense nononsense is offline
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Default I have a new child

I live in California and I recently found out that I have a child. When I was dating the mother she was seeing someone else. She had told me she was pregnant then she lied and said she wasn't. We soon stopped seeing each other and she continued to see the other guy. I moved out of state unknowing she had a baby. She listed the other guy as the father on the birth certificate at birth and he is still on the birth certificate. She recently tracked me down and eventually told me she thought the child was mine. Do I have any financial things to worry about? We did a non-binding dna test and I think that is all I want to do. I don't want custody because the childs life is fine as it is right now and she is almost an adult. My child lives close and I have met my child and I acknowled that I am the father. Can they go after me for child support? If the mom was on state welfare do I have to worry about the state coming after me? Is the listed father financially responsible because he is on the birth certificate? I want to help now, but unofficially. I have other kids and a wife after my childs birth. Please help me understand the law. Thank you.
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  #2  
Old 08-27-2011, 01:04 PM
moderator moderator is offline
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Default

She could try to go after you, but a court would make that decision after hearing all the facts, such as if the listed father is supporting the child. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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  #3  
Old 08-27-2011, 02:16 PM
aardvarc aardvarc is offline
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Default

Quote:
Originally Posted by nononsense View Post
She recently tracked me down and eventually told me she thought the child was mine. Do I have any financial things to worry about?
You're not free and clear, that's for sure. If mom OR the state, brings a paternity suit, and you are found to be the father, you could be facing child support.

Quote:
We did a non-binding dna test and I think that is all I want to do.
You don't have to do anything until ordered to do so by the court. But mom can certianly ask the court to make an official order for testing as part of a paternity action.

Quote:
I don't want custody because the childs life is fine as it is right now and she is almost an adult.
Even if you're the dad, you don't have to seek custody, nor would you be required to utilize any custody that you sought and were granted.

Quote:
Can they go after me for child support?
Only if you're first adjudicated as the father (which, as the moderator advised, doesn't rest ONLY on the results of a DNA test).

Quote:
If the mom was on state welfare do I have to worry about the state coming after me?
Much more so. It's not fair to taxpayers to raise other people's children. If this is your child, yes, you can expect the state to come after you for whatever benefits have been received on behalf of the child.


Quote:
Is the listed father financially responsible because he is on the birth certificate?
Right now, yes, because he's the child's legal parent. If he stays that way, then you'll remain a legal stranger.

Quote:
I want to help now, but unofficially. I have other kids and a wife after my childs birth. Please help me understand the law. Thank you.
You can help now if you choose to. Be aware that any money you give at this point is going to be considered a "gift", and isnt's likely to be considered by the court towards any amounts you may later owe regarding child support. If mom actually files a paternity suit, and you are adjudicated as the father, it'll all suddenly become VERY official.
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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

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  #4  
Old 08-29-2011, 04:36 PM
drmontemiller drmontemiller is offline
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Default DNA Test

Only if you're first adjudicated as the father (which, as the moderator advised, doesn't rest ONLY on the results of a DNA test).

If you simply did not sleep with this woman, were incarcerated or otherwise it is impossible that you are the father, then I can assure you that you or your identical twin IS THE FATHER if the paternity test says so. DNA is so astonomically accurate it leaves little doubt, basically none. Of course this is not true of every paternity test, but it is true for most. Also, you would have to take a particular kind of test for it to be acceptable in court. So legal issue aside, you are the biological father.
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  #5  
Old 09-01-2011, 08:23 PM
nononsense nononsense is offline
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Default

@aardvarc. That you for you information. When you mentioned I could be facing child support if the mom or court brought a paternity suite against me do you mean for current support or does that include back child support? I am totally ok with supporting her now that I know she is mine. I wont be happy if I have to pay back support because I did not know she was mine for many years.

For the question regarding the state trying to get back welfare if the mother did receive it, how does the state consider the the legal custody that her birth certificate father provided?
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