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  1. #1
    Join Date
    Oct 2007
    Posts
    2

    Question Child Named After Putative Father, Who Didn't Sign the Birth Certificate

    hello, i just recently found out that my husband has a 3 yrs child with another woman and just took a paternity test that proved he is the father. when we 1st received the child support order, it had a copy of the birth certificate with the child having my husbands last name. my husband said he wasn't there for the birth, but on the actual court order the question regarding "did father sign birth certificate?" was checked NO. so what i need to know is how can the birth certifcate list the child with my husbands last name if he didnt sign for it? and can the child actually have my husbands last name if he didnt sign the birth certificate or any affidavits?


    I am filing for a divorce because of this and going through a pre legal service who will help me with paperwork, but I have to present it myself. can my husband oject to the divorce? I do have the dna results from the paternity case to support my filing for the divorce.

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: I Need The Truth 07

    The mother can name her child just about anything she wants.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I Need The Truth 07

    Divorce laws are different in each state. In most states it is technically possible to oppose a divorce, but the opposition isn't going to get you very far.

  4. #4
    Join Date
    Oct 2007
    Posts
    2

    Default Re: I Need The Truth 07

    i understand that, but in nj, normally the father must be present at birth or sign an affidavit. can she actually give the child the father's last name without his consent, and mind you she is not married to my husband. is that legal or does he have to actually sign for the child to have his last name. if moms can name their baby's whatever they want, then they can say that anyone is the father. i though that the child takes the mom's name until there is legal signing by both parties. can you help me to understand.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I Need The Truth 07

    Using the putative father's surname doesn't make him the child's legal father.

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