Dear Bystander,<BR> I saw a response of yours to a earlier question and would like futher clearification please. You said something about if a man accepts a child as his own knowing full well it wasnt his (Vasectomy) and willingly signed the BC that he basically cant change that. I am in Oregon and I am wondering if it changes things if my H started paying CS to OW after the the DNA test came back 99.0.<BR> H's Xow's H is on the BC since birth. I am wondering not to get out of paying, H does pay CS but wondering if BC can b changed to H as father. Sorry this is choppy, hopefully clear enough. <BR> Thank you for your response, <BR> Hopeful1

<BR>Hopeful1,<P>I'm assuming that your H was named in a paternity suit and was: (a) determined to be the biological father of the child, and (b) ordered by the court to pay CS. If that's true, the following applies:<P> <A HREF="http://www.leg.state.or.us/ors/109.html" TARGET=_blank>http://www.leg.state.or.us/ors/109.html</A> <P> <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>109.094 Rights of father where paternity established; procedure when paternity established. Upon the paternity of a child being established in the proceedings, the father shall have the same rights as a father who is or was married to the mother of the child. The clerk of the court shall certify the fact of paternity to the Center for Health Statistics of the Health Division of the Department of Human Services, and the Center for Health Statistics shall prepare a new birth certificate for the child. [1975 c.640 s.6; 1983 c.709 s.38] <HR></BLOCKQUOTE><P>I'm not a lawyer, but a casual reading of this statute suggests that your H can force the birth certificate to reflect the child's actual parentage, as he has rights identical to the XOW's H in this matter.<P>Bystander<BR>

Thanks for the response Bystander, there is not a court order for child support. H had DNA test and then began paying a agreed upon amount of CS to Xow.<BR> Her H is still on BC and we want to leave it that way. He is Daddy to this child (2 1/2). We want to leave it that way and help financially. Since A ended now Xow wants H on BC and still live with her H as daddy. So I am curious as to if she can have it changed without some sort of consent from H. We have been to a couple lawyer's and the didnt have clear answers. Thanks for more info if you have it,H1

<BR>Hopeful1,<P>First of all, you should see a lawyer. Generally speaking, ex parte (private) agreements concerning CS are a bad idea. I know of many cases where the courts ignored the agreement and ordered CS retroactive to the birth of the child, and declared all previous payments a "gift" to the mother. Yes, these men were ordered to pay CS twice! I don't know what kind of financial exposure you have here, but you should get a lawyer and find out.<P>I don't know whether she can change the name on the birth certificate without consent. Personally, the angle I would take on it is that the XOW's H is probably subject to the presumed paternity laws and has allowed his period to rebut paternity to lapse. Its possible that her opportunity to litigate paternity against your H has lapsed altogether because of the presumed paternity laws. In that event, you could stop paying CS altogether and tell her to go pound sand.<P>Bystander

thanks again bystander, it is so hard to know what to do. we are concerned about future litigation and not getting credit for what has been being paid. at the same time wondering if she can even go back on H legally later due to her H signing BC. we have received little help from lawyers. the advice of 1 is to just do what we are doing. i dont feel to comfortable. then we have been told by H taking DNA and paying CS to Xow he presumes paternity. UGH! H1