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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34057
Experience:  Retired (mostly)
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My husband and I agreed to dissolve our marriage about a yr

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My husband and I agreed to dissolve our marriage about a yr ago and were having many issues before that. He was away from home due to the military allot following our agreement so we never legally settled anything and I moved on to become pregnant in a new relationship. I live in FL. My legal husband has no problem signing anything saying the baby isn't his and the biological father and I would like to have this resolved as soon as possible. We just found out while pre-registering at the hospital that they will have no choice but to place my legal husband's name on the birth cert and I will then have to amend it through the courts. I keep finding mixed information on how to fix all of this. What do I need or what can we do to finalize this as soon as possible? I really would like for there to be no record of him on the birth certificate. We are civil with eachother, but he is deployed so often we never got around to anything legal. And now anything done would have to be done with him deployed again. PLEASE HELP!!!
Submitted: 4 years ago.
Category: Family Law
Expert:  socrateaser replied 4 years ago.

Since you are married, the law presumes that your husband is the child's father, and the hospital will use your husband on the birth certificate. The only way to get around this would be to apply for support services and get a DNA test from the biological father. The agency will issue an administrative order that the bio-dad is not your husband and the birth certificate can then be changed via that order.

 

Alternatively, you can hire a lawyer or seek legal aid, and start your divorce, and the court will order the paternity test.

 

Hope this helps.

 

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Customer: replied 4 years ago.
I was told if my legal husband had an affidavet signed by a judge saying he was not hte father that it could be used. What about having my boyfriend register as a putative father? There is not problem starting my divorce, but I do wish our child not to have my soon to be ex on the birth certificate. Is there anything I can do or send out to him for him to have signed legally somehow and sent back here to use to get this taken care of asap?
Expert:  socrateaser replied 4 years ago.

I don't believe that an affidavit from your husband is worth anything, because if that was all that was required to avoid responsibility for a child, then every putative father would sign one and avoid legal liability.

 

The bio-dad can sign an acknolwedgement of paternity, but the Vital Statistics Office will not record him as the legal parent until a court or administrative agency issues an order to make the change.

 

I understand what you're trying to do, but as a practical matter, unless the hospital is willing to put the bio-dad's name on the certifcate, then it won't matter, because that's what will be transmitted to the vital statistics office.

 

That said, my original answer stands unchanged.

 

 

Customer: replied 4 years ago.
Would you by chance know of what all I should have together and ready to go to get this taken care of the fastest way when I do go to have it taken care of? I figure if I go to the table prepared it might get done faster and with less hassle and run around. I keep reading and hearing different numbers of days I have to have things amended for permanent records and such. From what I read, until things are settled, my husband will be legally and financially responsible for my baby.
Expert:  socrateaser replied 4 years ago.

If the goal is to fix the birth certificate, then you can download and fill out the application for child support services found on this webpage, and then mail it in or have it hand delivered after the child is born.

 

If the goal is to file for divorce, then you will need all of your and your husband's financial records since the date of marriage, including a current statement of your husband's military pension benefits. Also, copies of vehicle or home title, and/or any receipts or evidence of ownership of other property that has no title certificate.



Edited by socrateaser on 4/1/2010 at 6:05 PM EST
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34057
Experience: Retired (mostly)
socrateaser and 3 other Family Law Specialists are ready to help you

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