Paternity in Louisiana

[LOUISIANAMAN27]

I currently reside in Florida but the child in question was born in Louisiana'

My current wife and I recently filed for my children to be adopted by her. ( at the request of my ex wife). My ex wife has already signed the consents. Now the rest of the story.

My ex wife and I were divorced in 05. In the final judgement for divorce I was awarded primary custody of our children. My name was never put on the birth certofocate for one of the children so it was ordered in the final jusgement that my name be added on to the birth certificate as the father.

Not too long after the divorce we were hit by hurricane Katrina and I evacuated the state with my children. The children and I are currently residing in Florida.

I recently traveled back to Louisiana to go to court for custody again. An agreement was made that the children would remain with me in the state of Florida and that Florida would have jurisdiction over any and all matters relating to custody and visitation for this case. While I was in Louisiana I made a trip to the vital stats office to have my name added to the birth certificate. When I arrived I gave them all the court papers. The final jusgement ording the addition of my name and the new custody order. I was informed that the court order that I had was no good as my child was presumed to be that of another man. I learned that my ex wife has been married when our child was conceived. Although my ex wife had been seperated from him for several years she did not get a divorce until a few months before our child was born. I never knew of this person until that day. Our child is 12 years old now. There is no doubt that it is my child but Louisiana says I have to have an affidavit of paternity signed by all three parties. (Which is inpossible as the ex husband was from a different country and was deported back after their divorce proceedings.) This makes no sense as I have a court order that says I am the father.

My question is how is all the birth certificate mess going to interfer with the adoption in Florida? Will the courts allow the adoption if my name is not on the birth certificate? Will Louisiana issue a new birth Certificate if the adoption is finalized? Thank you

[Dogmatique]

Oh hon, you need an attorney.

This situation is far too complex for a message board - honestly, please see an attorney at your earliest convenience.

Your court order is not necessarily going to trump the presumptive paternity of your ex's husband.

[Mr. Knowitall]

Have you contacted the father named on the birth certificate to see if he will cooperate with disestablishing his paternity? That would help going forward; but you'll have some extra hoops through which you'll have to jump....

[LOUISIANAMAN27]

There is no father listed on the birth certificate at this time. The ex husband was from South American and I would have no idea where to look for him at. My ex wife and I both signed an acknowleggment of paternity back in 2002. It was sent in to vital stats but I was never informed of what happen with it. My ex wife had her ex husband had not lived with each other for over 2 years when my son was conceived if that makes any difference and I had no idea she was still married.