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!

