Menstuff® has compiled the following information on Legal Aid
for Duped Dads.
So you've had the paternal wool pulled over your eyes, and now you want out--of the relationship with your partner and her child. First, make sure this is really what you want and you aren't just acting out of anger, justified as it may be. If you're set on severing all ties, hire a family-law attorney. (Go to abanet.org/lawyer locator/searchlawyer.html and click on "Location/Area of Practice.") Then follow these court-tested tips for taking back your life.
Step 1. Check the birth certificate. Every state has its own window of time during which a married man can dispute paternity. For example, in North Dakota it's 1 year from the signing of the birth certificate, while in Tennessee it's 5 years. (The exception: If the child is born out of wedlock, men usually get just 60 days.) See chart below, for the law in your state. If you're within the time frame, your lawyer will want to file an affidavit that includes paternity-test results. Time expired? Read on.
Step 2. File for divorce. Untying the knot gives you a legal opening to dispute paternity, even when state law says you missed the deadline. The catch is that now an affidavit and test results aren't enough--you need to sue for fraud. "If she's found to have committed fraud, the verdict can relieve you of custody payments," says attorney Michelle Kelly, a paternity expert in Michigan. Caution: You can win the suit and still be ordered to pay child support if your soon-to-be-ex isn't financially stable. In that case, go to Step 3.
Step 3. Identify the real dad. Now's your chance to make
the jerk pay. (Editor's note: He may not
be a jerk. He might not even have been told that (1) She was
pregnant and/or (2) about the birth of the child.) "The real
biological dad could be forced to pay support, but only if he is
named," says Kelly, adding that it's often difficult to ID the guy.
Hire a private detective, specifically a "certified legal
investigator"; they specialize in gathering information for court
cases.
STATE/UNMARRIED MEN/MARRIED MEN
|
State |
|
|
|
Alabama |
No time limit |
No time limit |
|
Alaska |
60 days after signing an acknowledge of paternity |
Final once birth certificate is signed |
|
Arizona |
60 days Final once birth certificate is signed |
No time limit |
|
Arkansas |
No time limit |
No time limit |
|
California |
2 years from birth; court can still deny if not in child's best interest |
2 years from birth; court can still deny if not in child's best interest |
|
Colorado |
No time limit |
5 years |
|
Connecticut |
60 days |
Final once birth certificate is signed |
|
Delaware |
2 years |
2 years |
|
Florida |
60 days |
No time limit |
|
Georgia |
No time limit |
No time limit |
|
Hawaii |
60 days |
Final once birth certificate is signed |
|
Idaho |
2 years |
2 years |
|
Illinois |
60 days |
2 years |
|
Indiana |
60 days |
No time limit |
|
Iowa |
60 days |
Final once birth certificate is signed |
|
Kansas |
60 days |
1 year |
|
Kentucky |
60 days |
Final once birth certificate is signed |
|
Louisiana |
60 days |
1 year |
|
Maine |
60 days |
No time limit |
|
Maryland |
60 days |
No time limit (fraud only--you must prove your wife knew that you weren't the child's father) |
|
Massachusetts |
60 days |
1 year |
|
Michigan |
60 days |
Final once birth certificate is signed |
|
Minnesota |
1 year |
3 years |
|
Mississippi |
60 days |
No time limit |
|
Missouri |
60 days |
1 year |
|
Montana |
60 days |
Final once birth certificate is signed |
|
Nebraska |
60 days |
Final once birth certificate is signed |
|
Nevada |
60 days |
Final once birth certificate is signed |
|
New Hampshire |
60 days |
Final once birth certificate is signed |
|
New Jersey |
60 days |
Final once birth certificate is signed |
|
New Mexico |
60 days |
Final once birth certificate is signed |
|
New York |
Final once paternity is established |
Final once birth certificate is signed |
|
North Carolina |
60 days |
Final once birth certificate is signed |
|
North Dakota |
1 year |
2 years |
|
Ohio |
No time limit |
No time limit |
|
Oklahoma |
60 days |
2 years |
|
Oregon |
1 year |
Final once birth certificate is signed |
|
Pennsylvania |
60 days |
Final once birth certificate is signed |
|
Rhode Island |
60 days |
Final once birth certificate is signed |
|
South Carolina |
60 days |
Final once birth certificate is signed |
|
South Dakota |
60 days |
3 years |
|
Tennessee |
60 days |
5 years; no time limit to prove fraud |
|
Texas |
60 days |
4 years |
|
Utah |
60 days |
4 years; no time limit to prove fraud |
|
Vermont |
60 days |
Final once birth certificate is signed |
|
Virginia |
No time limit |
No time limit |
|
Washington |
2 years |
2 years |
|
West Virginia |
60 days |
No time limit; court can still deny if not in the child's best interest |
|
Wisconsin |
60 days |
No time limit |
|
Wyoming |
2 years |
5 years |
|
Source: By: David Schipper,
www.menshealth.com/cda/article.do?site=MensHealth&channel=guy.wisdom&category=family.guy&conitem=4a096f83c9821110VgnVCM10000013281eac____
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