Legal Question in Family Law in South Carolina

If a man signs the birth certificate for a child that is not biologically his, and later breaks up or divorces from the child's biological mother, will he be responsible for paying child support in place of the child's biological father?


Asked on 7/21/10, 8:22 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

He can bring an action in Family Court to ask the Court to find that he is not the child's father. Of course, the fact that he has already signed off saying that he is will be used against him. If he can obtain a DNA test that shows that he isn't the father, that will work in his favor. The bottom line is that he has nothing to lose by trying to have the Court find that he is not the father and much to lose if he doesn't.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 7/25/10, 6:30 pm


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