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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default Removing Name of Birth Certificate

    My question involves paternity law for the State of: MO

    My husband was married before and while he was married his wife cheated on him. He is in the military and was stationed out of the country. She told him about the affair and they had agreed to divorce. Then she got pregnant by the other guy and he decided he no longer wanted to be with her. She then moved back to MO with her parents and had the child while they were separated however she put my husbands name on the bith certificate. He never agreed to have his name put on the birth certificate. However, they were not divorced. When he got back in the country the child was 2 months old and they decided to reconsile. Now, they are divorced and he wants to know how to have his name taken off the birth certificate. The child is now 9. The mother is not wanting to change the fathers name to the bio fathers, but everything we have looked up shows that the bio fathers name should be added for health reasons and other benifits the child may benifit from. My husband never lived in MO but since the child was born there will he need to go to court there? file paper work there? can we file in the state we live in?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Removing Name of Birth Certificate

    Your husband is the child's legal father and since they were married when the child is born, his consent was not needed before he was named the legal father.

    He had every opportunity to challenge paternity up until the child's 5th birthday; at this point he has no standing to do so.

    The biological father MAY - but it's a very teeny tiny small "may" - have standing to challenge.

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