my petition for paternity was denied by DHS filing a motion in court a month before child turned 2 yrs old stating another man is on birth certificate and signed affidavit of acknowledged paternity. 2 weeks before childed turned 2 DHS took child from mother in a deprived case in another county and requested judge order DNA because the mother told them I was the father now even though just 3 months prior filed an answer to my petition stating child wasn't mine. 2months after child's 2nd birthday DNA results says child is mine and they adjudicated me holding me responsible as well claiming I failed to protect child from the mother marrying a sex offender and her exposing child to domestic violence. I was ordered to take more classes tha. she was. Eventually she got child back and without a best interest hearing I was ordered to pay child support. Am I out of luck or did the 2yrs expire and the other guy should have to pay? He intentionally stayed on the birth certificate all that time just to help the mother keep me from having any rights.
Child support is owed by the biological parent so you are responsible for child support, regardless of whose name was put on the birth certificate. By your theory if the mother put Brad Pitt's name on the birth certificate do you think he would have to pay support?
Different states have their own system for setting up any arrears in child support. In Washington, for example, the court can issue a judgment for the previous 5 years prior to the determination of paternity so in your case you would owe the back support.
Typically they won't seek DNA testing if the child is 2 years old and someone is already on the Birth Certificate, you may be able to address this, but if you are dad, and want custody, that is what you should focus on. Modifications are often granted when someone is making bad decisions. DHS is not the final word on custody, the District court judge is, see a lawyer to review documents and to meet face to face in order to be better able to help you.
No one should ever take action based on a response to an AVVO question since meaningful legal advice has to take into consideration factors that have NOT been disclosed or discussed.
You need to hire your own attorney to explain all your options and what you can/cannot file at this point in time. Time is definitely not your friend, so do not delay.
The foregoing is general information only, and this communication does not create an attorney-client relationship. Always conduct a detailed, in-depth, in-person consultation with an attorney before deciding on a legal course of action, since meaningful legal advice has to take into account considerable factors that have not been disclosed or discussed.
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