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Thread: Dad must pay child support for 3 kids that aren't his: Court rules

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    Re: Dad must pay child support for 3 kids that aren't his: Court rules

    Quote Originally Posted by clownboy View Post
    We keep coming back to that main bone of contention - he is NOT legally the father. Not anymore. He's not married to the mother, doesn't have custody, isn't the biological or legal father (no adoption) and has zero parental rights under the law (US law, Canada may be different).
    Are you sure? I'm not at all sure. The courts consider him the legal father of the children. How does this change when they are divorced or when she dies? You'll have to cite something for many of us to believe that. I myself do not.
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    Re: Dad must pay child support for 3 kids that aren't his: Court rules

    Quote Originally Posted by SmokeAndMirrors View Post
    That's why I said "prefer."

    Although, in such a case, I think the man should make his intention to paternity test clear during the pregnancy.
    If he does not do this, then it is akin to a woman who just had a baby asking for an abortion. You should have done that a long time ago.

    I am as flagrantly pro-choice as it's possible to get, but some decisions have a time limit simply because they exist within a window. This is one such case. You can't miss the window by a decade and then ask for a do-over.
    Do most married couples routinely have paternity tests done when they're expecting a baby?

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    Re: Dad must pay child support for 3 kids that aren't his: Court rules

    Quote Originally Posted by clownboy View Post
    We keep coming back to that main bone of contention - he is NOT legally the father. Not anymore. He's not married to the mother, doesn't have custody, isn't the biological or legal father (no adoption) and has zero parental rights under the law (US law, Canada may be different).
    None of those things determine legal parentage. He did not have to adopt the children, as they were assumed his at birth. And at least in the US, the childcare responsibility brought on by marriage doesn't just go away after divorce.

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    Re: Dad must pay child support for 3 kids that aren't his: Court rules

    Quote Originally Posted by rocket88 View Post
    He was legally their father if he was listed on the Birth Certificate as such. He is their father in every sense except for sperm.
    No, any name can be put in that box. I've seen one with Mickey Mouse listed. I've seen many with "unknown" listed. We would generally just ask the mother what, if anything, she wanted listed there.

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    Re: Dad must pay child support for 3 kids that aren't his: Court rules

    Quote Originally Posted by CanadaJohn View Post
    Do most married couples routinely have paternity tests done when they're expecting a baby?
    Ha, tell your wife that you want a paternity test and see how well that works out for you. It's a bull**** excuse. If the state wants to make someone permanently responsible for someone who isn't even remotely related to them, they should make paternity tests a requirement.

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    Re: Dad must pay child support for 3 kids that aren't his: Court rules

    Quote Originally Posted by CanadaJohn View Post
    Do most married couples routinely have paternity tests done when they're expecting a baby?
    No, but that doesn't negate that it's wrong to walk away from a child you raised from birth and took responsibility for after 10-15 years.

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    Re: Dad must pay child support for 3 kids that aren't his: Court rules

    Quote Originally Posted by clownboy View Post
    No, any name can be put in that box. I've seen one with Mickey Mouse listed. I've seen many with "unknown" listed. We would generally just ask the mother what, if anything, she wanted listed there.
    Yes, and the woman can do that without a man present, but that does not make it legally binding. It is only binding if HE signs it.

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    Re: Dad must pay child support for 3 kids that aren't his: Court rules

    Quote Originally Posted by SmokeAndMirrors View Post
    Yes, and the woman can do that without a man present, but that does not make it legally binding. It is only binding if HE signs it.
    Just an aside. If a man signs the birth certificate as the father, he becomes the legal father. UNLESS the legal father comes forward, goes to court and is awarded a paternity test. Then all bets are off. At least I THINK that's the case.
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

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    Re: Dad must pay child support for 3 kids that aren't his: Court rules

    Quote Originally Posted by clownboy View Post
    There we go. I'd be willing to bet that the proper clinic or doctor as the state law requires has the doner sign a whole bunch of parental right release paperwork that is missing in this case - leaving the donor legally on the hook.
    You'd be wrong - the donor and the lesbian couple have a legal contract between the two parties that removes the donor from any legal or financial responsibility for the child - both the donor and the lesbian couple wish to honor that contract but the state is challenging it because the lesbian couple now appear to need state social assistance.

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    Re: Dad must pay child support for 3 kids that aren't his: Court rules

    Quote Originally Posted by SmokeAndMirrors View Post
    None of those things determine legal parentage. He did not have to adopt the children, as they were assumed his at birth. And at least in the US, the childcare responsibility brought on by marriage doesn't just go away after divorce.
    All of that is wrong. Biology does indeed determine legal parentage. The assumption that they were his at birth was a false one. And as for that last, if you marry someone with children from another and then divorce them, you have zero responsibility for them after the divorce (legally as long as you didn't adopt them in the meantime).

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