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  1. #1

    Default Ex-Husband on Child's Birth Certificate - How to Put Biological Father on It

    My question involves paternity law for the State of: Ohio

    My X husband is listed as my childs father on her birth certificate because we were still married at the time of her birth. She was born in Ohio and now lives with me in Ohio. He and I are now divorced.

    Currently I am in a relationship with my childs biological father, we (the biological father and I) had a paternity test done privately to be 100%, we did the cheaper test that was the same as the more expensive one, it just did not include the legal papers to uphold in court. We are getting married at the end of the month. We would like to rectify the birth record and put my childs biological father (soon to be husband) on the birth certificate.

    My daughter is about 20 months old currently. I need to know what I need to do to get this corrected? How do I put the biological father on the birth certificate?
    What if my X husband is not willing to cooperate? A little bit about my X husband... he knows he is not her biological father, but for some reason wants to pay child support and be able to see her, he lives in another state and only sees her once every few months. I believe he does this to hold on to me in some sick way. I also recently found out my X husband was told at a younger age that he was sterile. He never EVER told me this. I believe he knew all along he was not the father, but so desperate to be a "dad" that he just went along with it. I am afraid he will not cooperate if I asked him to sign off his legal rights. I was stupid and signed the divorce papers/ Parenting Plan because I could not afford a lawyer, and I did not want a long drawn out divorce.

    I don't want his money, her biological father is supporting her in every way, financially, emotionally, and loves her very much.

    Can my X husband who is NOT the bio father stand in my way?
    What are our rights?
    What are our options?

    This is a sticky situation I know, I would like my daughter to have her correct last name and the correct father listed on her birth certificate.

    Thank You!

  2. #2
    Join Date
    Feb 2007
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    2,031

    Default Re: X Husband on Child's Birth Certificate Want to Put Biological Father on It

    I don't understand...Why didn't you tell the Judge there was a chance that Dad isn't the father? You didn't have to have a lawyer to do this...

  3. #3
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    Jan 2006
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    Default Re: X Husband on Child's Birth Certificate Want to Put Biological Father on It

    Quote Quoting Baystategirl
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    I don't understand...Why didn't you tell the Judge there was a chance that Dad isn't the father? You didn't have to have a lawyer to do this...
    I am betting more like confused didn't want to tell x husband that he was not the only one getting refreshment at the well.

  4. #4

    Default Re: X Husband on Child's Birth Certificate Want to Put Biological Father on It

    I guess I just made yet another mistake, posting to a site for "ADVICE" and getting judged and disrespected by people who do NOT know the whole situation. My X husband was fully aware before her birth that he may not be the father. He was also as you call it "dipping into other wells" himself.
    Thanx for the ADVICE!

  5. #5
    Join Date
    Jan 2006
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    Default Re: X Husband on Child's Birth Certificate Want to Put Biological Father on It

    If a married mother has conceived a child with someone other than her husband, a private court action would need to be filed in order to establish paternity with the child’s biological father. This means that a private attorney, not a Child Support Enforcement Agency Attorney, will need to be consulted, as the services of the Child Support Enforcement Agency cannot be used to establish paternity in this scenario. In other words, legal paternity is already established within the context of a marriage, and the state cannot proceed to disestablish paternity.
    Signing the form, known as an Acknowledgement of Paternity Affidavit, is voluntary. If there is uncertainty about paternity, genetic testing should be requested prior to signing the affidavit. The affidavit cannot be used as an acknowledgement of paternity if another man is legally presumed to be the father due to marriage, as described above, or if there is already an acknowledgement on file.
    Either parent may rescind the acknowledgement no later than 60 days after the date of the latest signature
    After the 60-day period, the only way for either parent to rescind the acknowledgement is to bring a private court action to rescind. This must be accomplished within one year after paternity was established.
    If there was any question, you should have not allowed ex to acknowledge paternity and had the test done right then.

    You are now faced with a court action to change it.

    Ex can attempt to contest but given the proof and the very young age of the child, there should not be a problem establishing the correct paternity.

    You might have a little explaining to do concerning your divorce though. It sounds like you may have made fraudulent representations simply to hasten the process.

  6. #6
    Join Date
    Feb 2007
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    Default Re: X Husband on Child's Birth Certificate Want to Put Biological Father on It

    Quote Quoting ConfusedMommy99
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    I guess I just made yet another mistake, posting to a site for "ADVICE" and getting judged and disrespected by people who do NOT know the whole situation. My X husband was fully aware before her birth that he may not be the father. He was also as you call it "dipping into other wells" himself.
    Thanx for the ADVICE!
    I'm sorry...Where in my post did I "judge" you???????

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: X Husband on Child's Birth Certificate Want to Put Biological Father on It

    Quote Quoting Baystategirl
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    I'm sorry...Where in my post did I "judge" you???????

    It was pretty much me. I have become a bit jaded and occasionally fail to not speak out with my thoughts. I need to work on the "be nice" side of me a bit more.

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