Q: I'm just now hearing about a 4 year old that could potentially be mine. Someone else is in the Birth Certificate.
He put himself on the Birth Certificate voluntarily claiming to be the fathers of the child. They were common law married to my knowledge and have two other children together. She now is apparently seeking child support. Am I liable for it? I was told to take a Paternity test before the court date because it makes it easier. I feel like I shouldn't. Since I'm not on the BC. But apparently he took a test as well and I'm assuming he is not the biological father since I get a call 5 years later. Correction: the child is now 5, and it was a Court date is set for me questioning the Paternity. They said it would be easier if I voluntarily did it before the date set for me.
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A: There is technically a 5 year statute of limitations to deny or disavow paternity. There is also a legal argument that when this guy put himself on the birth certificate he became the father. This doesn't necessarily mean you are out of the woods. If they were married, he is also presumed to be the father. Just living together and having two kids doesn't necessarily make them common law married. Are you talking about a court date for you because you were served papers or are you talking about a court date for them for a divorce? If for you, you need to ask for genetic testing at that court date. If it's a case between them, you might consider filing something to get the genetic testing ordered to confirm you are not, or are, the father. Just make sure you do something before the child is 5. You should consider consulting with an attorney.
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