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  1. #1
    Join Date
    May 2010
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    6

    Question Putting Birth Father on Birth Certificate

    My question involves paternity law for the State of: florida
    I was with a guy when I was 17 got prego in dec of 98. We did not work out and when I was 5 months Prego I married my now husband. Since we were married My now husband was put on the birth certificate. But since the day I got home I allowed my ex to see my daughter. well for the last 10 years we have gone back and forth about this birth certificate thing and about putting him on it so I finally filed in the state of florida to have a test done to show that he is her bio father . She knows who he is and how my husband is and has time with both . so after I filed he wants nothing to do with her and has filed in return for the case to be dissmissed , claiming she is not her that she is my husbands (also wants me to pay his legal fees he has not help out in raising her ) I have papers that he filled out showing other wise. I guess what I am trying to find out what do you think the judge is going to do ? do the test to prove either way or dissmisses the case? would the judge make me pay for his legal fees? all this is doing is hurting my daughter. He will not even answer the phone to her and they use to talk every week and he would take her on the weekends. thanks for reading

  2. #2
    Join Date
    Feb 2008
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    In the middle of nowhere
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    163

    Default Re: Putting Birth Father on Birth Certificate

    Quote Quoting mygirl99
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    so after I filed he wants nothing to do with her and has filed in return for the case to be dissmissed , claiming she is not her that she is my husbands (also wants me to pay his legal fees he has not help out in raising her ) I have papers that he filled out showing other wise. I guess what I am trying to find out what do you think the judge is going to do ? do the test to prove either way or dissmisses the case? would the judge make me pay for his legal fees? all this is doing is hurting my daughter. He will not even answer the phone to her and they use to talk every week and he would take her on the weekends. thanks for reading
    No one can predict what the judge will decide.
    The judge may order DNA tests, find him as the father and order to him to pay child support and to have custody rights.
    The judge may find it would be inequitable to change the status quo and to dismiss the case leaving your husband as the legal father./even DNA tests were performed/
    If he prevails you will be ordered to pay his legal fees.

    742.011 Determination of paternity proceedings; jurisdiction.--Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.
    742.045 Attorney's fees, suit money, and costs.--The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings. An application for attorney's fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter. The court may order that the amount be paid directly to the attorney, who may enforce the order in his or her name. In Title IV-D cases, any costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor's ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1).
    742.091 Marriage of parents.--If the mother of any child born out of wedlock and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held to be the child of the husband and wife, as though born within wedlock, and upon the payment of all costs and attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in s. 742.021 shall be void. The record of the proceedings in such cases shall be sealed against public inspection in the interests of the child.
    742.18 Disestablishment of paternity or termination of child support obligation.
    (3) Notwithstanding subsection (2), a court shall not set aside the paternity determination or child support order if the male engaged in the following conduct after learning that he is not the biological father of the child:
    (a) Married the mother of the child while known as the reputed father in accordance with s. 742.091 and voluntarily assumed the parental obligation and duty to pay child support;
    (b) Acknowledged his paternity of the child in a sworn statement;
    (c) Consented to be named as the child's biological father on the child's birth certificate;

  3. #3
    Join Date
    May 2010
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    6

    Default Re: Putting Birth Father on Birth Certificate

    even if he has said to My daughter school and in emails that she is his bio child?( i have the paperwork on all of this and pictures ) and he has included her on family days?
    as to pay for his legal fees I don't have a job

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Putting Birth Father on Birth Certificate

    Then I'd suggest you get a job, just to make sure you're covered.

    Your husband is your child's legal father and after this length of time there is a good chance your case will be dismissed.

  5. #5
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    May 2010
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    6

    Default Re: Putting Birth Father on Birth Certificate

    Quote Quoting Dogmatique
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    Then I'd suggest you get a job, just to make sure you're covered.

    Your husband is your child's legal father and after this length of time there is a good chance your case will be dismissed.
    I understand things might be dismissed .. I am just tried of him threating me to take me to court so I finally did it to him. I have emails where he states that she is his daughter and that they would fight me to take her away which I know is untrue but I am sick and tried of him popping in and out of her life when ever he wants to , so this is the final straw. i just don't think I should have to pay for his lawyer fees. ( as for getting a job my husband does a great job taking care of his family) All he is hurting is her. the only mistake I did was allowing him in her life. all of this could have been avoided. thanks for replying

  6. #6
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    May 2010
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    6

    Default Re: Putting Birth Father on Birth Certificate

    Well I found out that this is possiable I can show that he has had a relationship since the child has been born and has claimed her legally to the school she goes to. I found a case http://www.law.fsu.edu/library/flsup...04-1045rep.pdf that shows the bio father was on the hook for child support even thou woman married another man after getting prego with child... I feel good about going to court on next month....

  7. #7
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    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Putting Birth Father on Birth Certificate

    Quote Quoting mygirl99
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    Well I found out that this is possiable I can show that he has had a relationship since the child has been born and has claimed her legally to the school she goes to. I found a case http://www.law.fsu.edu/library/flsup...04-1045rep.pdf that shows the bio father was on the hook for child support even thou woman married another man after getting prego with child... I feel good about going to court on next month....



    I think you need to re-read that case and I think you need to be prepared for the very real possibility that you're about to fail in your mission - and it will be an expensive failure.

    But, I expect you'll come back next month and tell us otherwise

  8. #8
    Join Date
    May 2010
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    6

    Default Re: Putting Birth Father on Birth Certificate

    what do you mean ?

  9. #9
    Join Date
    May 2010
    Posts
    6

    Question Re: Putting Birth Father on Birth Certificate

    You know I never knew this was that hard to do . I had my daughter at a young age . I just wanted him to stop threating me any time I will not allow him to do something. I filed because I had it up to here with all the bs that he causes. I am not tying to be that bad person. He does a good job of that on his own. What should I do ? Take this to court and follow it thru bad or good . or should I just cancel the case?

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