What rights do I have if the paternity turned out negative? 11 Answers as of March 07, 2014

Took a paternity test for my 3 yr old and found out he isn't mine. I have paid child support maybe twice. My son is in therapy with my ex for parent alienation because I told him some not so great things. I also have had problems with his preschool and recently had a police report written up against me because I cursed at her family in the police parking lot. I signed the birth certificate but do I have any rights if the DNA test came up 0.00% chance that I'm the father?

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The Bryan Law Firm, L.L.C.
The Bryan Law Firm, L.L.C. | Douglas L. Bryan
Yes, you can file to disavow paternity based on fraud if you signed the birth certificate based on the mother's assurance you're the father and found out she had not been truthful. You should do so within a year of finding out you're not his biological father.
Answer Applies to: Louisiana
Replied: 3/7/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Not unless you can show that the child is bonded to you and it would not be in his best interest to lose you as a father. That doesn't really sound like it's the case give the conduct you described below. You can ask to be reimbursed for the child support you paid. A new birth certificate will be issued for the child.
Answer Applies to: Washington
Replied: 2/13/2014
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
The only way you would have rights would be to establish an in loco parent is claim and that means custody in lieu of a parent. Usually you have to show that the parent(s) are somehow harmful to the child, but in this case, it sounds like you have unfortunately misbehaved by your comments to the child, cursing in the parking lot etc. If you want to attempt to have a relationship with this child, you will need to maintain good and positive terms with the mother.
Answer Applies to: Arizona
Replied: 2/13/2014
Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
Seems like you should file an application with the court for some sort of judicial determination or declaration that you are not the father. The Judge might take some factors besides the paternity test into consideration, such as whether or not the child is emotionally bonded to you and if so to what extent, so it would be best to consult with an attorney who can ask you for some additional information.
Answer Applies to: New Jersey
Replied: 2/13/2014
John Russo | John Russo
Your the legal father, and the DNA test is worthless since it was not court ordered, so unless the real father steps forward you are in for a long haul.
Answer Applies to: Rhode Island
Replied: 2/13/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Was there a court-ordered test? If so, I would hope there would be a court order determining that you are not the father. At that point, you have no rights to the child.
    Answer Applies to: Idaho
    Replied: 2/13/2014
    The Law Office of James P Peterson
    The Law Office of James P Peterson | James P Peterson
    If you act right away by going back to court it might not be too late to overturn the paternity.
    Answer Applies to: Texas
    Replied: 2/13/2014
    LEWIS & KAPPES, P.C. | Dallin David Lykins
    If there is a court order requiring child support, you may have to request the court modify the order with the new evidence of the DNA test.
    Answer Applies to: Indiana
    Replied: 2/13/2014
    Diane l. Berger | Diane L. Berger
    You have a right to not be this child's father.
    Answer Applies to: Nebraska
    Replied: 2/13/2014
    Law Office of William Stoddard | William Stoddard
    You raise some very interesting questions. The mother named you as the father when the child was born (signing the birth certificate.) If she did not change her mind (ask for the test in a paternity action) prior to the child's 2nd birthday, you are the reputed father, no matter what any other test taken later for any reason says. Our legislature decided that people who claimed being the father and the child bonded with the child (up to 2 years) would be the father, no matter what claims were made later, because the child has the right to a father and the two people by their actions made you the father. However, if you are the father, well you are now responsible for the child. If you are not married to the mother or living with her, then you owe support. This is not a I'm not the blood daddy, so I do not pay - you said you were and you owe the kid support. But this also means you have the right to the relationship with the child. You have the right to ask the court to adopt a parenting plan which will give you visitation, say in the child's well being and all the stuff you say concerns you.? If she defends by saying well he is not the real father, the court will say so you lied on the birth certificate - that is fraud and possibly a crime. Be careful mother. You said he was, he thought he was, he has acted like he was and the child thinks of him as dad, so he is dad and figure out a way to make this work. Obviously you may need court intervention. Obviously you may need some mediation. You both need to take some parenting classes. Being a parent does not just mean you got a sperm from one body and an egg from on other and now we have a baby who can be a contested thing between you. This child is totally helpless, totally innocent. You both have to think was in his/her best interest. If you want to be this child's dad, you will need to fight to be now. And the law will help you so long as you focus on the child and not on your own selfishness.
    Answer Applies to: Washington
    Replied: 2/13/2014
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    It depends if the DNA test was part of a court case or voluntary. It also depends on whether your paternity has already been established under the law or if you are a presumed father. The DNA result may not be dispositive. An experience attorney can review your particular circumstance and discuss with you whether you have or can establish parental rights.
    Answer Applies to: California
    Replied: 2/13/2014
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