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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Birth Certificate Question and Establishing Paternity

    My question involves paternity law for the State of: FL and NC

    I was married in March of 08 and we decided to divorce in August of 08. In NC you have to be legally separated for a period of one year before you can file for a divorce, in Nov of 08 I got involved with someone got pregnant and moved to FL with him so we could form and support our new family together... I had my son in August of 09 and was informed by the hospital in FL that the state of FL does not recognize anyone but my husband as the father of my child regardless of whether he is the biological father or not. They advised me to refuse the father information and add the biological father once the divorce was finalized. Once my divorce was finalized in October of 09, I remarried the biological father of my son and we are now expecting our 2nd child...

    We recently decided to move back to NC to take care of my mother who is in the end stages of cancer, so we decided to get all of our own paperwork in order in case something were ever to happen to one or both of us...

    In contacting the state of FL to amend the birth certificate I was informed that the divorce decree saying that 0 minor were a result of the marriage would not be enough and I would need to amend the divorce to specifically naming the child wasn't a result of that marriage... In doing some research about amending the divorce I discovered the NC courts can establish biological paternity if I can get my ex husband to sign an affidavit saying he isn't the biological father...

    I've asked my ex husband nicely and I am not sure whether or not he will, he's kind of a douche, and I'm not sure he's smart enough to realize he'd be legally responsible for my son in the eyes of the state of FL... But say my ex doesn't do this, what other means do I have to establish the biological paternity?

    As far as my son and his biological father are concerned, my son has his last name and the biological father and I are now married, if God forbid something happens to me will that be enough for his father to take care of him?

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

    Default Re: Birth Certificate Question and Establishing Paternity

    You really need to speak with an attorney as this is a bit of a mess. Even though he's not on the birth certificate, your ex-husband is presumed to be the legal father since the child was born while you were still married.

    If something did happen to you right now, your ex-husband could step up and get custody since your husband is not the child's legal father.

    If your ex agrees (and explaining that he's currently FINANCIALLY responsible for your child might help you persuade him), it shouldn't be too much hassle or expense but if he's reluctant it might be a bit more involved.

    Either way I'd speak with an attorney asap if I were you.

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