CanI get child support froma non-biological father who signedmy child’sbirth certificate?

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CanI get child support froma non-biological father who signedmy child’sbirth certificate?

I met my husband 11 years ago and at the time I didn’t know I was pregnant. When I found out a few months later we just assumed he was the father. When our son was born he signed the papers at the hospital to have his name on the birth certificate. We married a year later. We are now going through a divorce and he got a DNA test on our son without me knowing and the test came back that he is not the biological father.

Asked on September 10, 2010 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What a precarious situation you are in for your son's sake as well as for your own.  This is the only Father that he has ever known and how this is handled will have a lasting effect on him so make sure that his needs are met and supported before all the haggling on support.  Generally speaking the non-biological Father does not have an obligation to support the non-biological child.  There have been cases where support has been ordered where the non-biological father has taken on the role of the biological father voluntarily, but it was done "knowingly".  The courts look at issues regarding support in a cut and dry manner (there are often support guidelines that must be followed).  But generally the bests interests of the child are used in guiding many of the issues.  I would consult an attorney in your area who can research the state laws and case holdings as to this matter to give you an idea on what the court will rule.  Good luck. 


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