Am I the legal father of a child if I sign a Affidavit of Paternity?
In 1999, my girlfriend became pregnant and I was very excited that I was going to have a baby with her. When my son was born my girlfriend and I sign an Affidavit of Paternity in the hospital. I took my girlfriend home and my child. In 2001 after weeks of having problems with my girlfriend we separated and she did the most unspeakable act. I had raised my son and he was 2 years old. She wanted money and I think she thought that I wasn't the father, so she went an petitioned the man who she thought was the father to take a blood test. The test showed that the guys was the biological father, but he didn't care. I still kept on being my son's father and no interruption from him. I saw my son every week and I was always there for him.
Around 2003 that guy ran into my ex again and he was able to see the child, but he still did not care for the child. She was able to find where he was living and she filed an order for child support. Months went by and he did not pay child support. The court issue a warrant for his arrest, but he fled to Florida and was never heard from him again until recently.
A few weeks ago he made re-appearance after my ex and I started a custody battle over my son because she was abusing my child. The court awarded me temp custody and made her pay child support to me and also the biological father.
He is claiming that he has the right to have visitation and maybe even custody. DHS and my son's attorney have my back and have file a case to dismiss him from the trial.
So I want to know what you guys think. I raised my son and he has live with me for the past 3-4 years and I'm the only father he knows. My son doesn't know that guy. Can you tell me who has more rights. Is it the non-biological father who sing the Acknowledgment of Paternity and raised the child or the biological father who took a blood test, fail to pay child support and fled the state and has never had a relationship with the child???????
By the way I live in Arkansas
I did signed an affidavit of paternity and my name is on the birth certificate. He has never challenged me as being the father. He owes child support more than 4,000 dollars in back child support and I believe this is why he want custody so he can eliminate the debt with the state.
- Anonymous10 years agoFavorite Answer
Arkansas law specifically expresses that a father who has a child with a woman he is not married to has no legal claim on the child. In that sense, you have been lucky on your ability to gain custody. Further, Arkansas is a putative father state, which means because you claimed paternity at the time of the birth, you were on the hook even if you didn't want to be. She could have kicked you out, collected child support, and then married him.
As a fathers rights educator, I'm a bit in conflict with the common views of the fathers rights movement in this regard. The general view is that he could have access rights, so you may run into a conflict if he requests help from a fathers group in Arkansas, but frankly I think you are on pretty solid ground. However, that does not mean there are not some maneuvers she can try, the most common of which is claiming you are sexually abusing the child.
It is legal in Arkansas to record your conversations, so you should be doing so whenever you have contact with the mother. Also, keep a Daily Journal. It is your #1 piece of evidence The journal can also be something to pass down to your grandchildren. This link will teach you how.
If you need someone to talk to, just email me.
- 10 years ago
yes you are the daddy, any man can become a father, but it takes a hell of a man to become a real daddySource(s): my childrens father never sent birthday xmas or anything he always had some excuse, but the man that raised my kids is there daddy
- Anonymous10 years ago