Filling Out Birth Certificate While Still Married to Somebody Other Than the Father

[SMartin014]

My question involves paternity law for the State of: Illinois
I have a few questions. First some background. I am pregnant and scheduled to deliver the 21st. I live with my boyfriend who is the father. I am still legally married. My ex (still current husband) is not a nice man and will not sign a denial of paternity. Is there anything I can do? My boyfriend does want to claim paternity and will sign the papers saying so. Can I just put non or no father so my ex wont be on the birth certificate and later fight it out in court?

[jk]

Well, unless your child is the second coming of Christ, putting no father just really isn’t realistic.

Anyway, under Illinois law, as in most states, your husband is legally presumed to be the father. You can’t change that. If you refuse to provide his details, that’s up to you but whatever you do; do not lie. You are married so tell the person taking the information that much at least.

Anyway, regardless of whether you tell them your husband’s details or not the action to put the bio father on the birth certificate is the same. He (your boyfriend) will have to sue to establish paternity after the child is born. Your husband will have to be served and given the opportunity to defend his position if he so chooses.

[SMartin014]

Well, unless your child is the second coming of Christ, putting no father just really isn’t realistic.

Wait can I put that? LOL

Seriously though the staff administration does know I am married so that is not an issue. I just do not want my "ex" to be on my child's birth certificate.

[jk]

Wait can I put that? LOL

Seriously though the staff administration does know I am married so that is not an issue. I just do not want my "ex" to be on my child's birth certificate.

whether he is named on the BC or not, until paternity is disestablished in court or through the form you spoke of, he is legally the father. He will have all rights as the legal father until such time paternity is disestablished.

Your best course would be for the bio father to file suit ASAP after birth to establish his paternity and be listed on the BC. Given your implied situation concerning your husband, it would probably be the wisest thing to do as well. Otherwise he can use his position to cause you grief.

[qwaspolk69]

My question involves paternity law for the State of: Illinois
I have a few questions. First some background. I am pregnant and scheduled to deliver the 21st. I live with my boyfriend who is the father. I am still legally married. My ex (still current husband) is not a nice man and will not sign a denial of paternity. Is there anything I can do? My boyfriend does want to claim paternity and will sign the papers saying so. Can I just put non or no father so my ex wont be on the birth certificate and later fight it out in court?

No you can't put no father. Your husband will be the presumed father. The biological father can always dispute it. It was probably not the wisest decision to hook up with someone else while you were still married.

[SMartin014]

No you can't put no father. Your husband will be the presumed father. The biological father can always dispute it. It was probably not the wisest decision to hook up with someone else while you were still married.

I left an abusive man who refuses to sign divorce papers. I have been separated from him for almost 10 years so it wasn't just a "hook up".

[jk]

I left an abusive man who refuses to sign divorce papers. I have been separated from him for almost 10 years so it wasn't just a "hook up".

There comes a time where he doesn’t have to sign divorce papers. He can’t hold you hostage to the marriage against your will forever. Get yourself to an attorney and get the thing finalized.

[Mr. Knowitall]

My ex (still current husband) is not a nice man and will not sign a denial of paternity.

You should file for divorce and seek a judgment that declares that he's not the father of the child. You don't need him to sign anything -- you can get a divorce by default, or against his wishes.

But for now... perhaps he'll be more interested in signing a denial of parentage form if you tell him that, if he doesn't, you'll seek a child support order against him.

[SMartin014]

But for now... perhaps he'll be more interested in signing a denial of parentage form if you tell him that, if he doesn't, you'll seek a child support order against him.

That is what I am hopping that will sway him to sign it. Do you know if I can email or fax him the papers or will I have to mail it to him.

[Mr. Knowitall]

You can email him the form. He can sign it and have it witnessed, then mail you back the signed copy.