can a 'father' deny parternity if he's on the birth certificate?

katiesmummy

my ex is denying that he is our son's 'father'- i use that term very loosely

he is named on ds birth certificate AND we are in a legal battle over access at the moment- can he do this???

brightonman123

was he the actual biologocal father? any namew could be put on a birth cert, afail..

katiesmummy

brightonman123 wrote: »

was he the actual biologocal father? any namew could be put on a birth cert, afail..

yes he is my son's father- we were together for 4 years and i never cheated

Vomityspice

He can, but unless he want to pay for a DNA test to 'disprove' his paternity, then the assumption will be the birth certificate is accurate.

If he's questioning his fatherhood, why is he then applying for a contact order? Doesn't seem to make sense?

It's probably a feeble attempt to avoid paying maintenance. I presume his is paying maintenance?????

katiesmummy

Vomityspice wrote: »

He can, but unless he want to pay for a DNA test to 'disprove' his paternity, then the assumption will be the birth certificate is accurate.

If he's questioning his fatherhood, why is he then applying for a contact order? Doesn't seem to make sense?

It's probably a feeble attempt to avoid paying maintenance. I presume his is paying maintenance?????

erm no he's not paying anything, he never has done. but yes i think it is an attempt to get out of paying- he seems to think that its ok for the government to support his son (and yes he did say that- i get benefits so he doesn't have to pay is his argument).

re the contact order- its just another way of trying to 'get to me', its not about contact with our ds at all- in his words 'my new you is pregnant so i don't need ds'

wasn't even me who started the whole maintenance thing off- was the dwp which i think is required by law??

Blonde_Bint

Aw, thats awful for you. Dont let him get to you at all though.

Encourage him to get a paternity test done, I think I would, though I would be mad about it, look at it like this, once the test is done and its proven DS is his child he wont be able to come it with that one anymore.

Plus from your description of him, you and your DS are far better off without him, good luck to the poor women who has him now shes going to need it.

While he is at it with contact perhaps you should sort out some kind of maintenance for DS, i'm no good with that kind of thing because I didnt have to do it (i'm a nrpp and only have child with dh) someone else might be able to let you know the best way to phrase it to him, things to ask for etc, which will unleash the least amount of flak.

Good Luck

shell_542

If he's disputing paternity he can request a DNA test

The DWP cannot force you to go through the CSA anymore. It changed in October last year. You can have a private agreement for child support now as long as you just notify them of how much child support you are receiving, if any, and they adjust your benefits accordingly.

katiesmummy

he won't give anything-either directly to me or through the csa which is why i never bothered.

this was absolutely ages ago that i gave the dwp his details- i only got the first letter from the csa today lol.

oh well, will just leave it then- if he wants to take a dna test then thats up to him. my guess is he won't bother- afaik he doesnt work anyway so am guessing he would be exempt from payments??

shell_542

If he's on benefits you may get the minimum payment which is £5 a week I think. If he doesn't take the DNA test and still disputes paternity they'll assume he is the father anyway so he's not going to get out of paying that way. x

kelloggs36

The CSA won't allow him to have a DNA test as he was married to you and named on the birth cert = they will presume parentage. He will have to foot the costs of getting DNA test done privately if he really believes he isn't the father - my bet is that he won't bother.

shell_542

I thought there was something to do with presumed parentage when married, but the OP didn't state she was actually married to her ex. Is it just the married part or the being on the birth certificate that means parentage is presumed?