[shaytomar]

My Husband had an affair in North Carolina. The woman became pregnant and said my husband is the father. She put his name on the birth certificate without a paternity test and without his authorization. We have been pushing her for a dna test but she keeps stalling. She pretty much admitted that he is not the father. We would still like a dna confirming this. And when it is confirmed that he is not the father we would like his name taken off of the birth certificate. How would we go about this?

Go to court and file for paternity test

[shaytomar]

Do we need a lawyer or can we do it on our own? We also live in a different state now. It makes it difficult to handle this long distance. Does it affect us legally?

[Baystategirl]

Do we need a lawyer or can we do it on our own? We also live in a different state now. It makes it difficult to handle this long distance. Does it affect us legally?

She actually has your husband listed under Father Name or she named the child after your hubby?

[shaytomar]

I'm not positive about my husband's name being on the birth certificate, but she did give her child his last name.

[Baystategirl]

I'm not positive about my husband's name being on the birth certificate, but she did give her child his last name.

It is extremely unlikely he was named as the father without being there to sign the AOP and BC. As for the mother naming her child his last name?? She can give the child any name she wants, including his. He will not be successful in petitioning the courts to change the child name. He can file to establish paternity and for visitation.