My question involves paternity law for the State of: Tennessee, the minor child's home state for the last 3 1/2 years. Original birth certificate issued in Florida.
Hello all,
To try and put this briefly, my daughter was born in 2010 and I was separated from my husband for approximately 6 years at the time. At the time of of her birth, my boyfriend (her *ahem* "father") wrote his name in the space for "Father" on the birth certificate while I was sleeping. The people from Florida Vital Statistics picked it up, issued the BC, giving my child his last name, even though I was concerned regarding the legalities since I was still legally married. He was abusive to both of us, and I left when my child was around 4 months old - she is now 5 1/2. There has been NO contact or support from her "father".
The issue I have is that legally, her father is listed incorrectly on her birth certificate. The state of Tennessee where we have lived for almost four years cannot even pursue child support from him due to the fact that I was legally married to another man at the time of her birth. I need to know how to correct her birth certificate and other documentation, as she starts school this fall. I intended to put "Mother Refuses Information" in the "Father" space on her certificate, but my now ex-boyfriend put his name on the form and told me that it was legitimate. I had no reason to disbelieve him at the time. I would rather bastardize my child and know that she has the correct name than to have a man who hasn't shown any interest in over 5 years AND who should not legally have been there to begin with, on her birth certificate.
I am a paralegal and a pre-law student but this above my pay grade, so to speak. Any help is appreciated. What I would like is to be able to change her name to mine and correct the error on her BC. I also want to reiterate that the man listed on the BC has not had ANY contact in over 5 years.
Thanks,
Jen

