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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I just had a child with a women who is legally married me an

Customer Question

I just had a child with a women who is legally married me an the women agree that I am the father an want me in the birth certificate but the guy she is legally married to will not sign the affidavite saying he isn't the father he knows he isn't the father an is doing it out of anger cause of having to pay childsupport on his daughter with her ... what are my options please help
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. Can you please tell me:

1) Whose name is on the birth certificate, if anyone's? Yours, or someone else's?
2) What do you want to happen here? Do you WANT visitation with the child? Or do you want nothing to do with the child? Etc.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
The women is still legally married an the hospital won't let me be on the birth certificate unless he signs the affidavite he knows he ain't the father an iis holding it over her head by not signing how do I go about it now since he won't cooperate
Expert:  Ely replied 1 year ago.

Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts will receive the request as well, and they may agree to the call. They will also have your question(s) and my answer(s) to build upon, so nothing will be lost.

Let us continue with the thread until an expert picks up the call. Okay. I still need to know: What do you want to happen here? Do you WANT visitation with the child? OR do you want nothing to do with the child?

Customer: replied 1 year ago.
The women I had a baby with is still married we had a child but the hospital won't let me be put as father me an the women want me on the birth certificate but her husband is refusing saying it ain't his problem an isn't wasting his time for us to deal with it I need to know what to do
Expert:  Ely replied 1 year ago.

DO YOU WANT TO HAVE YOUR NAME ON THE CERTIFICATE? Or, you want the husband to put his name and volunteer paternity?

This is what I am asking. Thanks!

Customer: replied 1 year ago.
I want to be on the birth certificate an for her to have my last name he is just refusing to sign the hospital affidavite that will allow that unless my girlfriend drops child support on the child they have together
Expert:  Ely replied 1 year ago.

Thank you.

If he is refusing to do this, then what someone in your situation wants to do is to file suit for paternity (or threaten to do so). The Court will order a DNA test and once the test confirms paternity, the Court's order will be good enough to add your name on the birth certificate with or without the objection of the husband.

So one may wish to pursue a paternity action here in a court of law - this would resolve the situation. Often, the other party will simply acquiesce because they know in the end, the Court will confirm paternity based on the DNA.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
Thank you so much for that ... how do I go about filing for that
Customer: replied 1 year ago.
Thank you so much how do I go about filing for that
Expert:  Ely replied 1 year ago.

No problem.

Expert:  Ely replied 1 year ago.

One second.

Expert:  Ely replied 1 year ago.

This would literally mean filing a Petition for Paternity in Court. The issue is that I cannot seem to find a sample form or petition for this. You may have to use counsel, or at the very least get an example at your local law library.

Counsel is recommended for this, however.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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