Signed Birth Certificate but Not the Biological Father
My question involves a child custody case from the State of: Louisiana,
I got involved with my ex when i was 15 yrs old. At 23yrs old in 2004 i married him. He was abusive mentally, physically etc. Finally in 2007 i had enough and left. We were on and off again for 2 yrs following bc of my religious views i was afraid of divorce. In 2009 i met someone who i thought was perfect things moved fast and i became pregnant. I learned quick that he was involved with drugs and planned on being a single parent. In dec 2010 i was legally divorced and following the divorce mt ex kept coming around and against my better judgment i believed he changed. We got back together and i was told in La you have to be divorced for a year or have a affidavit signed to not have his name on the birth certificate so HUGE MISTAKE he signed the birth certificate. It didnt take long for the old person to show up. When my daughter was jan 2011 we split. He lived with me until july 2011 when i had to call the police and have him removed from my hm. he seen my daughter a coupe of times since then but 2 months ago i finally came to the conclusion that he would never change and told him he isnt seeing her any longer. He said he is taking me to court for visitation. Is this possible? or can i have his named removed since he isnt her biological father? thanks and sorry so long
Re: Signed Birtn Certificate but Not the Biological Father
Quote:
bc of my religious views i was afraid of divorce.
But was ok with sleeping with someone else while still married (ie not yet divorced)?
Quote:
We got back together and i was told in La you have to be divorced for a year or have a affidavit signed to not have his name on the birth certificate so HUGE MISTAKE he signed the birth certificate.
Since you were still married when you gave birth to this child, your husband is the child's legal father. Even if he had not signed the birth certificate, he's STILL be the legal father, by default.
Quote:
i finally came to the conclusion that he would never change and told him he isnt seeing her any longer.
You have no way to enforce that. He's the child's father, and for right now, enjoys the exact same legal rights to the child that you have.
Quote:
He said he is taking me to court for visitation. Is this possible?
Absolutely. He's the child's LEGAL father, because he was married to you at the time of birth. Having the same rights INCLUDES the right to seek custody.
Quote:
i have his named removed since he isnt her biological father?
By marrying him, you automatically made him the father of any children you bore while married. If hubby wants to remain father to this child, then if the biological father wishes to contest paternity and establish himself as the father, he'll have to do so by bringing a paternity suit of his own.
Re: Signed Birtn Certificate but Not the Biological Father
I was with me ex since i was 15 and we married when i was 23 and we split when i was 27. He was the only person i had been with, and after going back in forth with him for almost 2 yrs after separation I finally left him alone. He was living with another women and i guess being an emotional wreck i met a guy and thought he was prince charming. Things moved fast. Poor judgment - yes. Morally wrong - yes. I felt sick to my stomach. I messed up but there was nothing i could do about it. Also, I was divorced in dec and gave birth in may (that was after my divorce). I want to know how to protect my daughter. I know "legally" he is the father but what can i do to correct the mistakes i have made. I don't want a pity party i just want to attempt to correct my wrongs. He ISNT her biological father and is there anything i can do to remove him name from her birth certificate w/o involving the bio father? I know that he will not be a good example for her. He would call me "whore, slut, Bi*ch, f-u" all right in front of her. I may have started this out wrong when she was born but isn't there anything i can do now to correct it? and i know these are things i should of thought about bf allowing him to sign the birth cert, but i didnt so what can i do now? please help
Re: Signed Birtn Certificate but Not the Biological Father
No, there is nothing you can do at this point without the biological father being involved.
Not one thing. Sorry.
Re: Signed Birtn Certificate but Not the Biological Father
Quote:
Quoting
Dogmatique
No, there is nothing you can do at this point without the biological father being involved.
Not one thing. Sorry.
Even with the biological father being involved I doubt that there is little that the OP can do. Once a person signs the BC and begins the "fathering" process then it is almost impossible to change his status.