My brother received a notice in the mail that he is to attend a court date about child support. He and the mother of the child in question were not married and she had already stated to him that he was not the father and his as well had said the same and has moved on with his life. Now the mother of the child in question has filed support documents and stated that she has a acknowlegdement of paternity leffer. My brother wants to know what to do because he never signed any documents saying that he was the father of the child in question nor seen the child. He was not present at the birth of the child because he was told by the mother that he was not the father and he also believed the same. My brother is set to deploy for the military on august the 17th and wants to have this matter taken care of before hw leaves so that he will know what step he needs to take before he deploys?
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falseified acknowledge of paterniy document for a child birth certificate
Jurisdiction: South Carolina-
07-04-2011, 12:23 AM #1Registered User
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falseified acknowledge of paterniy document for a child birth certificate
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07-04-2011, 12:25 AM #2Moderator Esteemed Scholar
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He NEEDS to turn up in court. Or, he needs to invoke the SSRCA - because if he doesn't turn up, he'll likely be declared father by default.
When is the court date?
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07-04-2011, 12:29 AM #3Registered User
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He is going to the court hearing becasue he wants to find out the truth and have a paternity test done. What is a SSRCA?
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07-04-2011, 12:34 AM #4Moderator Esteemed Scholar
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Soldiers and Sailors Civil Relief Act - it protects deployed military members from having civil matters ruled in their absence.
There's more information here
So yes, your brother needs to turn up and request a DNA paternity test and challenge the AOP. He may need an attorney to help him - I strongly recommend that.
How old is the child?
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07-04-2011, 12:35 AM #5Registered User
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In a few weeks? I am not sure of the exact date.
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07-04-2011, 12:36 AM #6Registered User
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The child is almost month old
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07-04-2011, 01:29 AM #7Moderator Esteemed Scholar
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Does he actually know what she's filed?
It honestly sounds like she's simply filed to establish paternity and obtain a child support order.
If he is the father, he's going to be financially responsible and he can file for visitation and perhaps joint legal custody.
(Being deployed rules him out for physical custody).