Affidavit Of Non Paternity: Fill & Download for Free

Could go either way. Legally, it depends because in some states any child born during a marriage is considered the child of the husband no matter what. In some states, if you get a DNA test or sign an affidavit of paternity then you are the father. Whether or not you want to get the test or claim paternity is something you’d need to be clear on and be sure of what the husband expects as well. Since it’s an ethical non-monogamous relationship he may be willing to parent any child, but if he isn’t or the woman wants you in the picture then you could be on the hook. You’d have to discuss the circumstance with your partner, she’d have to discuss it with her husband and you’d all need to confirm any rights or laws particular to your jurisdiction. Definitely not something to enter into lightly or with assumptions.

Take custody? No. Force him to pay child support? Good chance.If they are legally married and he doesn’t challenge the paternity in a given period of time, he is presumed to be the father. If DNA tests later show it isn’t his child, he’s still on the hook for child support. Depending on the state, he may not be able to NOT be listed as the father unless the biological father adopts the child after the legal father gives up his paternal rights.Oklahoma man forced to pay child support for someone else's kidThe time limit in Oklahoma was 2 years, and he realized the deception after 3.If he signs an affidavit of paternity after the child is born, it is almost impossible to get out of paying child support. This is true whether the child is born to a married couple or unmarried couple.If the woman has the baby and lists the man as the father but he doesn’t know about it, he may lose out on the opportunity to contest paternity. The courts could then force him to pay child support for a child that isn’t his, simply because the woman named him.Law: Some non-dads must pay child support“ In 2014 WXYZ told Carnell Alexander’s story and found the mother. She said she was told in order to get welfare benefits she needed to name a father. She knew he wasn’t the dad, but wrote down his name.Then these men missed paternity hearings because they were sick or did not receive notice. Carnell had proof. He was in prison when a process server claimed he was served at a house in Highland Park.”

I can only speak to where I live which is in OH and even then it’s possible that it varies from county to county. If you are receiving cash assistance or food stamps or other state benefits, then the Job Center will typically request the father’s information and pursue child support. You can also go to Child Support Enforcement to file for child support on your own. If paternity was not established at birth (not married or he did not sign the birth certificate), it is probable that paternity testing will be needed to establish paternity (unless he is willing to sign an affidavit of paternity). Don’t let everyone pass you off…if you need to, contact Legal Aid for your area to see if they can also assist.