Chicago, IL asked in Family Law for Missouri

Q: DNA test wasn’t done nor did we fill out the affidavit to assume paternity but my name is on the social Security card?

Her mother was legally married and living at home with her husband when we conceived the baby.

When the paperwork was done at the hospital for the birth cert. the hospital wouldn’t take the documents due to a conflict in last name but I never got the new paperwork but My last name made it on the documents without the the DNA Test or the affidavit. I am trying to figure out what is the best route legally to go or what am I legally obligated to do as I do currently care for the baby?

We do not have the birth certificate as her mother says that we never received. I have a picture of her social security card as I don’t believe that she would have one without the other. They are currently going through a divorce at this time and her attorney advised that we do the affidavit which has not been done still. I was also not served any paperwork.

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1 Lawyer Answer
Neil Smith
PREMIUM
Neil Smith
Answered
  • Clayton, MO
  • Licensed in Missouri

A: She was married to another man, but your name is on the social security card? And you did not sign an affidavit or take a paternity test, right? Very odd. Two possibilities come to mind. First, did she maybe file a paternity case or did the husband file a non-paternity case? They would have had to serve you, but the service could have been deficient. Second thing that comes to mind: did the SSA make a mistake? Check this child's birth certificate and see if your name is on that. If not, the some error probably occurred on the SSA's end. If your name is on the birth certificate, all I can say is maybe someone forged your name or purported to have served you with paternity or non-paternity paperwork.

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