My husband has never denied his son. He has always paid the child support and we have always provided insurance on him. However in the 6 years we have known that he is my husbands, he has seen him 4 times. The mother has 3 other children by 3 other men. She originally told my husband that her 2nd child was his, and when she got pregnant with the 3rd child (now discovered to be his), she told him she had been cheating on him and that it was this other guys. They split and she went and married this other guy. Then they split and she filed to get paternity tests done. That's when we found out the 2nd child was not his, but the 3rd child was.
We are completely fed up at this point, as she doesn't work at all, and she lives off the system. My husband would like to sign over rights, but we've been told that he would still have to pay child support. Does anyone know if this is true? Also, does she have to agree to this, or can it just be done?
Just to answer a few of the comments all in one statement: He doesn't necessarily want to leave this child "fatherless". She refuses to let my husband see his son because myself and our 2 girls are in the picture. So, my girls have a brother that they don't even know because he has a stubborn hateful mother.
To comment on back child support, that won't happen. The child support has been garnished from every one of my husbands checks, and even one years tax return to pay the 1 year that we didn't know he was my husbands. So, we have plenty of proof that all payments were made, and that my husband has taken care of his obligations from day one.
Back to the comment about her getting married...that would most likely never happen, because she doesn't want to lose the social security she receives on her 2nd child. Not to mention, probably half of her state aid.

Scenario: Woman tells guy she had a one-night stand with that she is pregnant with his child, and he (stupidly) agrees to pay her child support without any sort of paternity test. Not only is he not the father, but she knows (from the start) that he is not the father.

She has INARGUABLY committed the crime of theft by fraud, right? Yeah, he may be an idiot. Yeah, he should watch where he puts his private parts - but fundamentally, she is receiving money from him by telling him a lie, right? Is that not the definition of fraud? The fact that she may be using the money for a child that he had nothing to do with does not change her culpability for this lie, does it?

Now, clearly the life of the child is paramount, and sending the primary custodian to jail would be a problem, but if she had committed an unrelated murder, we'd send her to jail and the kid would be "out on the streets", right? Primary custodians are not above the law just because society cares about its children, right?

Unfortunately, if you look at current case law, you might think differently. We just recently had a case where the guy went to jail because he was unable to make his payments, and he turned out not to be the father. Yes, the court said he didn't have to continue making his payments now that they knew he was not the father, but nothing (so far) has been done about the time he spent in jail or the money he has already paid.

Personally, I think this is a great argument for mandatory paternity tests before any child support decrees are made.

Legally and morally, how is telling a lie under these circumstances any different than borrowing your neighbor's kid, misrepresenting him as yours and the guy's and demanding child support?
I guess I'm not really asking what either the man or the woman SHOULD do. Clearly she shouldn't have lied. Clearly he should have demanded proof.

I'm really asking what our courts should do, and how society should treat this.
The scenario specifically states "she knows" - that isn't part of the question. If you want me to make it more specific, how about "he was drunk and she knew that she didn't have sex with him but she told him she did."

She knows. Take it as fact.
Kylie, why is not the same as using the neighborhood kid? Because she is doing it for the kid? There are plenty of reasons why people commit crimes. If we're going to balance punishment against need, are we going to give nastier penalties to white collar criminals than thugs holding up donut shops to survive?

I am seeking visitations with my daughter. Its a long story. I was approached by a lady online in which we hit it off instantly and become involved in a relationship. She was married at the time and left her husband for me. In this time she became pregnant and eventually ended up going back to her husband. When her husband left to go to Iraq she wanted to continue seeing me afraid that maybe her husband might change his mind about accepting my daughter into their family. I have been having visitations with my daughter and seeing her mother every since he left. She started talking things over with him via email and phone. I guess because maybe she was feeling guilty. As it stands right now they want me to go to court and get a paternity test ordered and if in fact I am found to be the biological father then have visitations and child support determined by the court. One other thing he had a vasectomy done about 10 years ago in the military from what I have been told. They also are offering to try to settle things out of court as far as visitations go if I am found to be the biological father. I look forward to your reply as soon as you can find the time. I work from 5am till 3:30pm M-F but I take a lunch break from 12pm to 12:30pm. Feel free to contact me during my lunch break or after work anytime. I also have emails and instant messages from the mother as proof to all of this. I just want to be able to be apart of my daughters life. It is not her fault what has happened. I think she has the right to know both her parents and I will not turn my back on her. Thank You very much for your time.

My friend had a baby, and is claiming that it is mine. But the kid looks nothing like me! Should I ask for proof? I don't want to get took.
I'm a woman!
I don't want to be rude.

Does the father have any rights before birth to proof of pregnancy, Dr.'s Name, ect.?