[plamillie]

I would like to change the father name on my youngest daughter birth certificate to her biological father name how do i do that if the child was born under the marriage in florida? When I conceived my daughter I was still legally married but seperated. But because there is a new law in florida that states that when a child is born under the marriage it is pressumed to be the husband. I have proof that my husband is not the father from
dna test done that said he was not the father. I As well as the bioligal father wants his name on my daughter birth certificate how can i fix this.

[aaron]

Does your husband wish to maintain his parental rights?

[plamillie]

Does your husband wish to maintain his parental rights?

No he does not. But her bioligical father wants his name on the birth certificate he has been taking care of her.

Then go to court have your husband legally give up his rights to child and then have bio Dad adopt child. Changing name on BC should be simple. by the way why was husband on BC and not Bio Dad sounds as if you comitted fraud

[aaron]

It's not fraud for the presumed father to be placed on the birth certificate. Some states mandate that.

[plamillie]

Then go to court have your husband legally give up his rights to child and then have bio Dad adopt child. Changing name on BC should be simple. by the way why was husband on BC and not Bio Dad sounds as if you comitted fraud

No I did not commit fraud. If you read the passage correctly you will find that in the state of florida if you are married and conceive a child under the marriage it is presumed to be the husband. We were legally married but have been seperated for over two years. And as far for your advice why would I want to have the bio dad adopt when I have proof that he is the bio dad through a dna test. I just want the bio dad name on the birth certificate and not my husband because he is not the father and the bio dad is and has been taking care of her.

Then its your goal to go to court and strip your husband of his parental rights rather than ask him to give them up?

[plamillie]

My husband name was automatically put on my daughter birth certificate because she was born under the marriage and in the state of florida when a child is born under the marriage it is pressumed to be the husband even though we were legally married but have been seperated for over 2 years. While I knew that it wasnt my husband that fathered my daughter beceuse we weren't even speaking to each other.

[Baystategirl]

Then its your goal to go to court and strip your husband of his parental rights rather than ask him to give them up?

Panther, OP wants to DIS-establish paternity so that the child's father may Establish paternity. There is no fraud here...OP and her then husband were following state law. Many states require the husband to be on the BC if the child was born during the marriage.

[Xena]

I would like to change the father name on my youngest daughter birth certificate to her biological father name how do i do that if the child was born under the marriage in florida? When I conceived my daughter I was still legally married but seperated. But because there is a new law in florida that states that when a child is born under the marriage it is pressumed to be the husband. I have proof that my husband is not the father from
dna test done that said he was not the father. I As well as the bioligal father wants his name on my daughter birth certificate how can i fix this.

You will need to go to court to disestablish legal paternity. Then you can re-establish paternity for the bio father through court also. I'm not sure, but you might need to do a name change in addition. You should get a consult with an attorney to make sure on what order things must be done in. You can get a consult by calling the Florida Bar lawyer referral service at 1-800-342-8011.