Legal Question in Family Law in South Carolina

My fiance was pressured into signing the birth certificate of a child four years ago. We have been paying her monthly, sending gifts, and going up to see him every other weekend. My fiance was told to do the right thing for this child regardless of if it was his or not by his mother. Now the mother of this child wants to take him to court to get more money each month. At this point he is wanting a paternity test as it will be costing us even more money than we have been paying for the past few years. We are almost certain the child is not actually his, but have been doing this for the child until this point so he could have a positive male influence in his life. Now that the mother is asking for more money that we do not currently have, it is necessary to get a paternity test. Will the court allow this and how do we go about removing my fiance's name from the birth certificate?


Asked on 10/13/10, 8:27 am

1 Answer from Attorneys
Nancy Alston The Alston Law Firm

A paternity action may be filed with the court requesting a paternity test, a change in the child's birth certificate if necessary, and setting both child support and visitation if appropriate. The court will have to appoint a Guardian ad Litem if the putative father is not the actual father of the child. This is mandatory to have the child's name changed and his birth certificate modified.

The above is for informational purposes only and does not create an attorney-client privilege.

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Answered on 10/30/10, 7:10 am


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