help needed please!!!

littlemiss890

Hi, just a quick question,

I have 2 children, my ex is on both birth certificates but he is only the one childs biological father, does he still have to pay maintenance for the both of them, and does he have the same parental rights over the both of them or would he only have the parental rights over his biological son. The birth was registered before 2003 when the act came into place, that parental rights fall to both named on the certificate, but I am still a little unsure.

Any help would be very much welcome.

Thanks.

Mojisola

Unless he challenges parenthood and asks for a DNA test which proves he is not the father, he will be considered as the father and will have to pay maintenance.

Loopy_Girl

When the baby that wasn't his was born, were you married?

If not then he won't have parental rights (as he wouldn't have to his bio child if they were both born pre 2003 and you weren't married to him then either)

As above, if he is named on the b/c then for CSA purposes, he is the father and should pay child support for both children. Should he challenge paternity and the non bio baby is proven via DNA that he is not the father, then he will not be liable for child support for that child.

shell_542

Loopy_Girl wrote: »

When the baby that wasn't his was born, were you married?

If not then he won't have parental rights (as he wouldn't have to his bio child if they were both born pre 2003 and you weren't married to him then either)

As above, if he is named on the b/c then for CSA purposes, he is the father and should pay child support for both children. Should he challenge paternity and the non bio baby is proven via DNA that he is not the father, then he will not be liable for child support for that child.

Which seems like an absolute waste of government money as the OP knows her ex isn't the biological father, so it'll be proved yet again and the CSA will have to pay the cost of the DNA test.

DX2

littlemiss890 wrote: »

Hi, just a quick question,

I have 2 children, my ex is on both birth certificates but he is only the one childs biological father, does he still have to pay maintenance for the both of them, and does he have the same parental rights over the both of them or would he only have the parental rights over his biological son. The birth was registered before 2003 when the act came into place, that parental rights fall to both named on the certificate, but I am still a little unsure.

Any help would be very much welcome.

Thanks.

You do realise that's against the law.

Mojisola

If they were married, the presumption in law would be that the child was the child of the husband and wife.

FBaby

but if they were married, he would have automatic parental rights anyway.