Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I have a 4 year old son. My ex signed the birth certificate, but is not the father. I know who is dad is but not where. How can I make him take a paternity and make him pay child support as well as get my ex off the birth certificate.”At this point there is a presumption of paternity. You and your ex cooperated to sign this fraudulent birth certificate. To compound this, your ex has now held the child out to be his own for 4 years. At this point, I believe you will need your ex’s cooperation to get his name off the birth certificate. If you are willing to admit your fraud, and present that to the Court with the support of your ex, you still need to find someone (i.e. biological father) before you can serve them with papers to take a paternity test.
Question: Think of the impact to your son. Is it best for him to lose the only father he has ever known in favor of an absent sperm donor?
