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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21986
Experience:  General practice of law with emphasis in family law.
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My daughter-in-law conceived my grand-daughter with my son

Customer Question

My daughter-in-law conceived my grand-daughter with my son but was not legally divorced. She was legally divorced when she gave birth and her ex-husband signed a waiver to have my grand-daughter listed with my son's surname. I understand vital records requires a certified court order naming my son as the father. All parties (daughter-in-law, her ex-husband and my son) are in agreement that the birth certificate needs to be corrected to list my son as the father. Is there a form or template that they can use and file the request in court themselves without incurring the absurd cost of an attorney?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Welcome and thank you for your question

 

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I need a little more information.

 

So now your son is married and the bio Father of the child is ready to agree to allow your son to be the Father, is that correct?

Customer: replied 1 year ago.


No, my son is the bio Father and is married to the mother of my granddaughter. My daughter-in-law's ex-husband, who is nothing biologically speaking to my granddaughter is not the Father but was listed as such on the birth certificate because in the state of MS, if the Mother is still legally married when she conceives the named Father on the birth certificate must be that of her legal husband. She was legally divorced when my granddaughter was born.

Expert:  Samuel II replied 1 year ago.

Hello

 

Thank you. I fully understand now. And I appreciate the clarification

 

What needs to happen is one of two things

 

1 - Either the bio Father to whom you ex daughter in law is now married can adopt the child - and those forms can be obtained by the clerk of the Court in the county where they child lives.

 

OR

 

2 - The Bio Father may petition the court for a Paternity test and then once it is ruled positive that he is the bio Father, the birth cert can be changed

 

I suggest, it is best to consider the adoption so that the child is then legally the child of the bio Father and your ex Daughter in Law and your son will have no financial obligation to the child.

 

The clerk will have the packet - tell them you want to file a step parent adoption uncontested.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21986
Experience: General practice of law with emphasis in family law.
Samuel II and 12 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Your response seemed perfect except for one major flaw and I am thinking you should have known but correct me if I am wrong. With a step parent adoption, my son would have to swear he is not the biological father and the ex-husband would have to swear he is the biological father. If they did that it would be perjury, correct?

Expert:  Samuel II replied 1 year ago.
Hello

That is incorrect. A step-parent adoption it does not matter who the bio parent is. In essence the parent on the Birth Certificate is giving up all rights and privledges with the adoption

It is only that your son is deemed the Father because of the Presumption of Paternity.

So there are no lies being told
Customer: replied 1 year ago.

I was driving home and could not reply. Thank you for that information. You stated in an earlier response that the step adoption uncontested packet could be gotten from the clerk. So am I understanding you correctly that I would go to the, is it Chancery Court, clerk and they should be able to give me the correct forms to complete?

Expert:  Samuel II replied 1 year ago.
Hello

Yes, that is correct. Tell the clerk you want the packet to do an uncontested step parent adoption.

Have the family fill out the papers and then file them with the court. A hearing will be set - if the bio Father, your son, does not contest he does not have to respond or appear at the hearing. The adoption should be granted.
Customer: replied 1 year ago.

I was just ready to complete rating again but one of your sentences caught my eye- just so we are both understanding. My son , the bio Father, who is still married to my grandaughter's ( the child whose birth certificate needs correcting) Mother would be adopting his own bio Daughter but as the Step parent, correct ?He wants to do this but you stated if he didn't contest and that threw me for loop.

Expert:  Samuel II replied 1 year ago.

Hello

I mentioned earlier that if your ex daughter in law is married to the bio Father this adoption is the way to go

Are you telling me that your daughter in law is not married to the bio Father?

Because if that is the case, then Option 2 that I stated where the bio father petitions the court for the Paternity test and then requests to be placed on the birth cert

There would not be a step parent adoption.


If she is remarried now to the bio Father then he can do the step parent adoption.

If she is not then he would have to Petition for the Paternity Test and have the court order the birth certificate change

If you get a minute, please, re read what I originally answered.

Thanks

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