Q: My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity
My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity on my 6 year old daughter. She was born prior to the marriage and she is not biologically his. But after the marriage we both signed a paternity affidavit which added him to her birth certificate with his last name 6 years ago. Child support was ordered on him prior to the divorce. But now his goal is to eliminate child support and it also lists in the summons to take him off her birth certificate with a paternity test. I have been told by two lawyers in the past that I could not remove him from the birth certificate due to the affidavit and the current child support order. But his lawyer is claiming to be able to do both. But she does not know about the paternity affidavit. I do not want to be stuck paying for his court fees and whatever else they want to charge me with in regards to all of this.
A: The courts generally want to maintain the legal parentage for children. So if the divorce did not address his paternity it is unlikely that he can get himself removed as the legal parent without finding someone to replace him; like the biological father. At any rate, if you received a summons you will want to address it within 30 days of receiving it. Contact an attorney local to you to discuss his paperwork and your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
