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Can the mother of my biological child come after me for support if she has another man sign the birth certificate?

Minneapolis, MN |

She wants to raise it with someone else. He is willing, and presumably she will have him sign the birth certificate.
At any time after that, can she change her mind and attempt to come to me (biological father) for child support?
(This would be after specifically not allowing me to be the father.)

Same question if she signs the birth certificate ALONE?

She is currently pregnant.

Attorney Answers 2

Posted

Signing the birth certificate isn't that significant. The key issue is whether any man acknowledges he is the father (like signs a recognition of parentage) and the period to revoke it ends or if there is a court proceeding establishing a father. If either of these doesn't happen, the child only has presumed fathers, not an adjudicated "legal" father and you would be vulnerable to her later claiming you are the father, being established as the legal father, and being vulnerable to child support.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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3 comments

Asker

Posted

"whether any man acknowledges he is the father (like signs a recognition of parentage) and the period to revoke it ends or if there is a court proceeding establishing a father" So if her boyfriend signs it, and they begin raising it together, that does not count as acknowledging he is the father? He would ALSO have to sign a RoP, assuming I do not go to court for Paternity?

Matthew Thomas Majeski

Matthew Thomas Majeski

Posted

Not enough that I would be confident in saying you were off the child support hook potentially if you are the biological father.

Asker

Posted

If her boyfriend signs the ROP, then a paternity test proves that it is mine, can her and I sign a custom drafted document saying that neither of us will attempt to contend the ROP (via the blood test) at any point in the future? Therefore legally locking him in as the father, and excusing me from all responsibilities permanently?

Posted

Hello. Congratulations on you being a new father. Yes, the mother, and the county may 'come after you' for child support if you are not on the birth certificate. Neither mothers nor fathers (or some other man) sign the birth certificate. You should seek private attorney counsel. This website provides general information, not the detailed legal advice of which you are in need. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Tricia Dwyer, Esq., Family Law, Father's Rights Law, Child Custody & Child Support Law, Rule 14 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net

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