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  1. #1
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    Oct 2013
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    Question Disestablishing Paternity to Name the Actual Father

    My question involves paternity law for the State of: Florida

    My son was born in Florida, I was married to "not the father" and in process of divorce when child was born. I had my son with another man, and he was never placed on birth certificate due to being married to "not the father" at the time. The new man and I married, moved, and divorced shortly after. Fast forward 10 years, I have been divorced from "new man" for 5 years and we established divorce paperwork, child support, and joint custody of my son long ago. Now my ex husband wants his name on the birth certificate. Says its just a paper to sign to send off to have it done..... He claims its to keep his health insurance on my son, if not done within a certain timeline.

    Am I missing something or is my ex husband up to no good? Is it just that easy?

    He has a great relationship with his son, and I just don't want him pulling any stunts on me. Maybe I'm just nervous, but don't know.
    Should I have someone look over the paperwork? I don't have the extra cash for a lawyer, so I'm asking here..

    I don't have an issue with him being on the certificate, I'm just concerned that this could be used as leverage if anything goes astray down the road. Am I overacting, or is there some additional process that will continue on after I sign this paperwork and send it off?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Am I Missing Something About Signing Paperwork to Put My Ex Husband on Birth Cert

    Okay. Exactly which ex wants to be on the birth certificate?

  3. #3
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    Oct 2013
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    6

    Default Re: Am I Missing Something About Signing Paperwork to Put My Ex Husband on Birth Cert

    Quote Quoting Dogmatique
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    Okay. Exactly which ex wants to be on the birth certificate?
    My second husband. The one who is the father of my son.

  4. #4
    Join Date
    Oct 2006
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    16,474

    Default Re: Am I Missing Something About Signing Paperwork to Put My Ex Husband on Birth Cert

    Quote Quoting Bubsy
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    My question involves paternity law for the State of: Florida

    My son was born in Florida, I was married to "not the father" and in process of divorce when child was born. I had my son with another man, and he was never placed on birth certificate due to being married to "not the father" at the time. The new man and I married, moved, and divorced shortly after. Fast forward 10 years, I have been divorced from "new man" for 5 years and we established divorce paperwork, child support, and joint custody of my son long ago. Now my ex husband wants his name on the birth certificate. Says its just a paper to sign to send off to have it done..... He claims its to keep his health insurance on my son, if not done within a certain timeline.
    Its highly possible that he is telling the truth. Many employer based insurance plans are requiring employees to prove parentage/marriage etc., in order to continue to cover children/spouses etc., on employer plans. I have had dozens of clients mention this to me in the last couple of months...its all due to Obamacare.

    Am I missing something or is my ex husband up to no good? Is it just that easy?
    It may not be that easy...it depends on whether or not your previous ex husband was placed on the BC and whether or not dad was ever legally determined to be dad, and your previous husband's legal paternity disestablished...I cannot tell from the way that you described things.

    He has a great relationship with his son, and I just don't want him pulling any stunts on me. Maybe I'm just nervous, but don't know.
    Should I have someone look over the paperwork? I don't have the extra cash for a lawyer, so I'm asking here..

    I don't have an issue with him being on the certificate, I'm just concerned that this could be used as leverage if anything goes astray down the road. Am I overacting, or is there some additional process that will continue on after I sign this paperwork and send it off?
    Again, I really doubt its a stunt...its highly likely that his employer is requiring this due to Obamacare.

  5. #5
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    Oct 2013
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    6

    Default Re: Am I Missing Something About Signing Paperwork to Put My Ex Husband on Birth Cert

    Quote Quoting llworking
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    It may not be that easy...it depends on whether or not your previous ex husband was placed on the BC and whether or not dad was ever legally determined to be dad, and your previous husband's legal paternity disestablished...I cannot tell from the way that you described things.
    When my son was born, they asked who's the "father", I said this guy (the actual father of my son) but I informed them that I was still married to another man but in the process of divorce. They said that he (the actual father/my second husband) couldn't sign the BC. Later, when I received my son's BC, there wasn't a father listed on it. So here I am.

    Thanks for resting some comfort in the fact that ObamaCare is causing issues, and it's not something suspicious (maybe)...

    I'm wondering if there will have to be additional processes, like custody again.

  6. #6
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    Jan 2006
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    Default Re: Am I Missing Something About Signing Paperwork to Put My Ex Husband on Birth Cert

    Do you have other children with new man? The way you have written your post it sounds like new man is paying support for the the father's child. If so, how did you pull that one off?


    and why didn't not the father deny paternity during the divorce?

  7. #7
    Join Date
    Oct 2013
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    6

    Default Re: Am I Missing Something About Signing Paperwork to Put My Ex Husband on Birth Cert

    Quote Quoting jk
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    Do you have other children with new man? The way you have written your post it sounds like new man is paying support for the the father's child. If so, how did you pull that one off?


    and why didn't not the father deny paternity during the divorce?
    Maybe my original posting sounded different from what I wanted to convey.

    Husband #1- No children
    Husband #2- Have one child (but was conceived when married to Husband #1 during divorcing)
    When my son was born (Child from Husband #2, husband #2 wasn't placed onto BC because I was married to Husband #1)

    Now Husband #2 wants his name on BC.

  8. #8
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    Jan 2006
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    Default Re: Am I Missing Something About Signing Paperwork to Put My Ex Husband on Birth Cert

    Quote Quoting Bubsy
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    Maybe my original posting sounded different from what I wanted to convey.

    Husband #1- No children
    Husband #2- Have one child (but was conceived when married to Husband #1 during divorcing)
    When my son was born (Child from Husband #2, husband #2 wasn't placed onto BC because I was married to Husband #1)

    Now Husband #2 wants his name on BC.
    Nope, exactly what I was thinking so;



    how is it that husband #2 is paying child support? You do not pay child support for a child that is not legally yours even if you are the bio father.

    why didn't husband #1 dispute paternity through the divorce? and even more so, why isn't #1 paying child support?

    why or actually, how did he get any visitation with a child that is not legally his?

    I have been divorced from "new man" for 5 years and we established divorce paperwork, child support, and joint custody of my son long ago.

  9. #9
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Am I Missing Something About Signing Paperwork to Put My Ex Husband on Birth Cert

    I'll go with:

    Mom wasn't aware of the legalities during the first divorce (or second, really) when it came down child support, custody and paternity.

  10. #10
    Join Date
    Jan 2006
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    Default Re: Am I Missing Something About Signing Paperwork to Put My Ex Husband on Birth Cert

    Quote Quoting Dogmatique
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    I'll go with:

    Mom wasn't aware of the legalities during the first divorce (or second, really) when it came down child support, custody and paternity.

    So, dogmatique, am I missing something? It just isn't making any sense to me.

    The first divorce I can see, at least if nobody used an attorney but...

    the only thing that makes any sense with the issues concerning the "new man" is this is an out of court agreement. I cannot see a court dealing with these issues for a father who is not legally established as the father.

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