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aop papers

Discussion in 'Other Family Law Matters' started by misbehavin70, Jun 30, 2001.

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  1. misbehavin70

    misbehavin70 Law Topic Starter New Member

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    In the state of pennsylvania, if a biological father signs acknowledgement of paternity papers, but the mother was married at the time , and put her husbands name on the birth certificate and the child carries the husbands name, who is the legal father? In texas, a husband has to sign denial of paternity before the aop papers can make the biological father the legal father. Is this the same in PA. ? Please help. I have searched every forum on the web to get the answer to this question..
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Is there an issue as to who the child's biological father is?
     
  3. misbehavin70

    misbehavin70 Law Topic Starter New Member

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    Thank you for replying, no, there is no question to the paternity.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    To clarify, is the mother claiming that you are not the father and that her husband is?
     
  5. misbehavin70

    misbehavin70 Law Topic Starter New Member

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    No, the mother is not saying that her ex husband is the father, she is coming after me for child support, wich i used to pay to her until she stopped letting me see the child. I have been to jail twice for not paying support . I want to start paying again so i can avoid anymore trouble and start a relationship with my son, but when we went to court several years ago, she was ordered by the judge to change the childs last name to her maiden name since i was not on the birth cert. she did not comply.
    I think this is crazy, I've been told if she were to die, her ex husband would get the child since he is listed as the father on the birth certificate, basicly, I have no legal rights to claim him, but I still have to pay support and not be able to see him. Thats why I was wondering if the ex husband had to sign anything releasing himself as the legal father.
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I don't know if all of that is true as I'm not so familiar with that area. Did you ever bring up the fact that she did not take the steps that she was required by the court with regard to changing the name on the birth certificate? You may be able to bring an "order to compel" which is a petitition of the court to compel the person to do something they were ordered or face some stiff penalties. You may know about this if it was used against you to pay child support. Perhaps you should send her a letter, with a copy of the order, certified return receipt, and see if she complies. If not, this would be the next legal remedy that I guess, although as I said I'm not really familiar in this area. Perhaps someone else here may know more.
     

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