am so angry right now here the problem am legally married been separated for almost 7 yrs now was in a new relationship with this guy got pregnant and now am trying to get a birth certificate and they are telling me i have to put my husband name on it and i dont want that my lawyer told me i will have to get a affidavit of paternity and both me the bio father to sign but he donot want anything to do with me i dont know what to do now i still dont want my husband name on it i want the bio father name on it so i guess that means that my son will not have a birth certificate and i dont want to go to the courts
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â« Shawnn âªâ«â« - posted on 05/08/2012
Your child needs his birth certificate. And, you need to go ahead and go thru with divorce paperwork. Since you're still legally married, your estranged husband's name will have to go on the certificate, and you'll have to file for a name change. Or, you'll need to contact him, and have him sign an affadavit.
But, I don't know if that will work totally the way you want it to.
You're going to have to get the courts involved at some point, because you didn't get a divorce. In most states in the US, the marriage, if still valid, trumps you saying that your current partner is the father of the child.
Regardless, you can't just "not get" a birth certificate. Its the document issued by the state, certifying that you gave birth to that child in that state. Its a legal document, and you can't "get around" it.
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Brenner - posted on 10/28/2013
I just discovered that my new husband's ex wife lied to him and said she was divorced when he married. He didn't know this fact until the time he divorced his ex in 2008. Thus gets worse, more complicated. My husbabd ex Concieved and while still married and cohabitatung with her 1st husband. She was also still kegally married to her 1st husband when the baby was born. But at the time of the birth she lied to the hospital and my current husband, telling them she was already divorced prior to the baby's birth. This resulted in my husband's name being signed on the baby's birth certificate. My husband believed his ex (that she was now divorced) and married him illegally one month later. He thought he was marrying woman, not a still-married woman. Upon dissolving his relationship with his ex im 2008 he then discovered her divorce to her 1st hubby wasn't final until one full month after their fraudulant marriage. Now it is 15 yrs later and 5 yrs after his divorce, he just discovered that his ex wife's 1st hubby was the legal presummed father (in CA). No court was ever notified that this happened and his ex's first husband never gave up his legal rights to the baby. AND, the legal father has been a constant figure in the baby's (now 15 yrs old) life. My husbands ex has made a career of destroying him and is now doing the same to me. Calling my employer, telling lies about me. Abd her 1st husband has never paid any support but always been in the baby's life. She knows him as Papa and they are very close and fond of each other. My husband's ex is now fak I ng a disability and seeking even more support from my husband which we can not afford. Questions: who is the legal father? Does legal father still have rights since he never gave them up? Is my husband still responsible for all child support given the deception? Any way we can use any of this legally to get her off our backs for more support? Is it too late to sue for fraud? my husband is a good man but getting drained financially by this deceptive
woman. Do we have any legal recourse/remedy at this point?
SHEAREE - posted on 11/30/2012
OK I AM DEALING WITH THE SOMETHING MY HUSBAND IS NOT THE FATHER... WE WAS NOT TOGETHER FOR THREE MONTHS AND YES I MET A MAN AND ONE THING LED TO SOMETHING ELSE.. SO CLEARLY I GOT PREGNANT ON FEBRUARY 14 WHICH I KNOW FOR A FACT MY HUSBAND IS NOT MY SON'S FATHER.. SO NOW THE HOSPITAL I HAD MY SON AT DID NOT PUT FATHER UNKNOWN BUT SHE PUT HUSBAND REFUSED INFORMATION WHY I DON'T KNOW AFTER I TOLD THEM MY ISSUE.. SO NOW I WAS TOLD I HAVE TO GO TO COURT... I DON'T DEAL WITH THE GUY DO TO THE FACT IT WAS ONE DRUNK NIGHT (I FEEL SO BAD FOR MY SON).. PLEASE IF ANYONE CAN JUST HELP ME WITH ANY INFORMATION I WILL BE SO THANKFUL....
Toni - posted on 05/17/2012
Children born during a marriage are assumed to be "of" the marriage (in other words, a product of a union of husband and wife). That is a legal premise which, though you were oblivious to, there is no getting around. In the eyes often government, that child is his until such time as a paternity test is taken to refute his paternity or prove someone else's.
That's one of the first things a divorce lawyer and/or judge asks, by the way. Whether or not you are pregnant, I mean... If you're pregnant, your unborn child will hold up the proceedings until his or her birth, and will be considered his at that time, regardless of whether it is indeed your husband's child.
You may want to consult with Legal Aid or an attorney, to see if your long separation constitutes grounds for a no-fault quickie divorce (some states allow it), in which case your child can have only your name on the BC.
Threenorns - posted on 05/17/2012
dunno what country you're in, but in canada, you do NOT have to put your husband's name on the birth certificate. in the absence of a paternity test, that would actually constitute perjury and possibly fraud.
i've been married and separated for 26 yrs (can't find him for service of divorce papers and can't be arsed to go through the extra hoops). i have two other children, neither of which has my husband's name and nobody's said squat about it.
btw: who's "they"?
Trisha - posted on 05/15/2012
i ve been married for almost 4 years, still live with him, i have a 4 mo old son who is not my husbands child, result of an affair, when he was born i had two options, put my husbands name or leave it blank, that didnt force me to put my husbands name on the BC, and i was able to leave it blank
Tee - posted on 05/09/2012
As long as you are legally married and not divorced in the states the father listed will be the husband. My kids dad's father went through the same thing with his daughter. He has a paternity test showing that he is the father but the mother was legally married though separated and her husband is still listed as the father on the birth certificate. Talk to you local legal aid office and see if they can help with the divorce. Then the true father would have to sign an affidavit stating that he is the father when the child is born
Minister Gail - posted on 05/08/2012
Leave the name blank for the "father" on the birth cerificate. However, get a DNA test to prove that your husband is not the father. Keep the results and present them in a court requesting the actual father's name be placed on the birth certificate.
Sarah - posted on 05/08/2012
Just put your name only. Go after the father in court. Your baby needs a birth certificate. If he doesn't he will never be able to get a SIN card, i think its social security number in the states, a passport, job, go to school, go to a doctor, get insurance, a divers license. It will be like he doesnt exist. Its not an option to not get one, its a necessity. Also, maybe you need to look at penalizing your Divorce? 7 years apart is a long time to not have made it legal.
Brittany - posted on 05/08/2012
Where are you from? This seems crazy. I think the best way to handle is to put just your name on the certificate and then take the bio father to court, prove paternity, his name will be put on the certificate - get support ect. If you don't want to go to court - you will have to settle with the babies cert. having just your name... baby needs a certificate.
Tina - posted on 05/08/2012
I'm sorry but you might not have a choice. Your child needs a certificate one way or the other. Unless you can leave both names off which I'm guessing you can't I'm pretty sure one of my relies left the father off but different rules for different places I guess.
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