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 ratingI 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?
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.
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.
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.
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?
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?
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.
HelloI mentioned earlier that if your ex daughter in law is married to the bio Father this adoption is the way to goAre 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 certThere 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 changeIf you get a minute, please, re read what I originally answered.Thanks
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).