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Another Man is on the Birth Certificate

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  • 07-28-2008, 02:13 PM
    the_jochens73
    Another Man is on the Birth Certificate
    My question involves child support in the State of: Colorado

    Hello. My husband has a little girl who is 6 years old and we are not certain if she is his. Here is the whole story:

    John met his ex and they were together for 6 months, 3 months into it she got pregnant, three months after that they broke up and she moved from KS to Florida without his consent to take the unborn child. After the child was born she immediately put her husbands name on the birth certificate and not Johns. They have since divorced. Four years had passed before John had any contact with his ex about the child. The child is now 6 and since Johns ex found out that he had gotten married and has a daughter of his own on the way, she now wants him to take a paternity test and pay child support. 6 years later!! He's only spoken to the little girl for two weeks out of her whole life and that was 2 years ago. What can we do to protect ourselves from this woman and what are my husbands rights?

    We know that his ex has to find her ex husband and give him a paternity first before she can come after us for anything. Since this other man has been on the certificate for over 5 years can she legally come after us?
  • 07-28-2008, 02:36 PM
    panther10758
    Re: Another Man is on the Birth Certificate
    The husband at time of birth is legal Father! To change that and uproot this child's life will be a tough one. You should tell your husband to contact an Attorney to see what his actions should be. The child was supported by its "legal" Father for all those years so I dont see how past support will be an issue
  • 07-28-2008, 03:02 PM
    the_jochens73
    Re: Another Man is on the Birth Certificate
    One problem, which I failed to make clear, is that the man on the birth certificate never claimed the child as his own either? So she never went after anyone until she found out that my husband and I were married and have a baby on the way. So her ex husband has never paid her a dime. She claims that the hospital told her that she had to put her husband down as the biological father. I've had a child and they didn't force me to put down anything false so why would they make her put down the name of someone who she claims isn't the real father? There are so many different aspects to this situation :wallbang:
  • 07-28-2008, 03:10 PM
    panther10758
    Re: Another Man is on the Birth Certificate
    Unless otherwise specified any child born during a marriage the husband is named as "legal" Father. His claims mean nothing!
  • 07-28-2008, 03:26 PM
    Xena
    Re: Another Man is on the Birth Certificate
    Quote:

    Quoting the_jochens73
    View Post
    One problem, which I failed to make clear, is that the man on the birth certificate never claimed the child as his own either? So she never went after anyone until she found out that my husband and I were married and have a baby on the way. So her ex husband has never paid her a dime. She claims that the hospital told her that she had to put her husband down as the biological father. I've had a child and they didn't force me to put down anything false so why would they make her put down the name of someone who she claims isn't the real father? There are so many different aspects to this situation :wallbang:

    If thier divorce was in Florida, the child HAS TO be included in the divorce. Either custody and CS was ordered, or paternity was disestablished in the divorce. He needs to find out what the divorce decree states. If he knows the area where ex divorced, he can call the court and get copies of the decree. In alot of counties civil court dockets are available on line, he can try that, doing a search using ex's first name if he doesn't know the last name. Doing that he should be able to find the case number and it'll make it easier to get copies.
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