Results 1 to 2 of 2
  1. #1
    Join Date
    Mar 2010
    Location
    Arizona
    Posts
    1

    Default Husband's Name on the Birth Certificate of a Non-Bio Child

    My question involves paternity law for the State of: California and/or Arizona

    Okay, so this is a little sticky. I'll try to keep it as simple as possible.

    My Husband met his ex-wife when she was already pregnant with another man's child. The biological father did not want anything to do with the child, so my Husband and her got married and when the little girl was born (in California because he was stationed at Camp Pendleton at the time), they listed my Husband's name as the father. He got out of the military in Aug 2008 and the 3 of them moved home to Arizona (where we still currently reside).

    They had 1 son together after the daughter and got divorced shortly after (here in Arizona). The ex-wife refuses to work (no income, no job, no vehicle, etc), but instead found a new boyfriend out in California and moved back there and he is now supporting her. The custody is set up to "trade" the kids between California and Arizona every month. In the beginning of the divorce, she did not want Child Support (we cover the kids when they're with us and vice versa, and my husband carries health insurance), but has now changed her mind because her boyfriend wants her to have an income. However, she says she wants sole custody of the kids now (so she can get more Child Support out of my Husband) and/or she wants my Husband to have nothing to do with the daughter. So, my questions are...

    My Husband and I have no issues paying child support for the son, but we do not want to pay for the little girl (nor can we afford it) when we think the ex-wife needs to go after the biological dad. Is it possible to request a paternity test through the court to prove he is not the father, and therefore get his name removed from the birth certificate? The mother has been threatening this for months, so if she is going to cut ties between the daughter and my Husband, we would like it to be done now while the little girl is still young. Also, Is it possible for her to get sole custody when she has no income, no job, no vehicle - her only source of money is from her boyfriend which is not [legally] hers so she can't claim it unless they were to get married? Lastly, is this an Arizona issue because that's been the little girl's primary residence, and because this is where the divorce/custody/child support was handled...or is it California jurisdiction because she was born there? ANY help or advice would be MUCH appreciated. Thank you!!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Husband's Name on the Birth Certificate of a Non-Bio Child

    Quote Quoting Childressfam11924
    View Post
    My question involves paternity law for the State of: California and/or Arizona

    Okay, so this is a little sticky. I'll try to keep it as simple as possible.

    My Husband met his ex-wife when she was already pregnant with another man's child. The biological father did not want anything to do with the child, so my Husband and her got married and when the little girl was born (in California because he was stationed at Camp Pendleton at the time), they listed my Husband's name as the father. He got out of the military in Aug 2008 and the 3 of them moved home to Arizona (where we still currently reside).

    They had 1 son together after the daughter and got divorced shortly after (here in Arizona). The ex-wife refuses to work (no income, no job, no vehicle, etc), but instead found a new boyfriend out in California and moved back there and he is now supporting her. The custody is set up to "trade" the kids between California and Arizona every month. In the beginning of the divorce, she did not want Child Support (we cover the kids when they're with us and vice versa, and my husband carries health insurance), but has now changed her mind because her boyfriend wants her to have an income. However, she says she wants sole custody of the kids now (so she can get more Child Support out of my Husband) and/or she wants my Husband to have nothing to do with the daughter. So, my questions are...

    My Husband and I have no issues paying child support for the son, but we do not want to pay for the little girl (nor can we afford it) when we think the ex-wife needs to go after the biological dad. Is it possible to request a paternity test through the court to prove he is not the father, and therefore get his name removed from the birth certificate? The mother has been threatening this for months, so if she is going to cut ties between the daughter and my Husband, we would like it to be done now while the little girl is still young. Also, Is it possible for her to get sole custody when she has no income, no job, no vehicle - her only source of money is from her boyfriend which is not [legally] hers so she can't claim it unless they were to get married? Lastly, is this an Arizona issue because that's been the little girl's primary residence, and because this is where the divorce/custody/child support was handled...or is it California jurisdiction because she was born there? ANY help or advice would be MUCH appreciated. Thank you!!


    If your husband wanted to disestablish paternity this should have been taken care of during the divorce; it's entirely likely that neither he NOR Mom can change their minds now.

    Sole custody is rare these days. It's entirely possible she will retain physical custody even if she has no job, no vehicle and is entirely supported by her boyfriend.

    Dad should be filing for a more solid visitation order if he hasn't already.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 6
    Last Post: 11-07-2009, 06:32 PM
  2. Removing Husband's Name from Birth Certificate
    By taina_soul in forum Paternity Law
    Replies: 2
    Last Post: 12-20-2008, 08:42 AM
  3. Adoption of Children: Husband Wants to Adopt My Child and Put His Name on Birth Certificate
    By mariaax in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 12-04-2008, 03:15 AM
  4. Husband Is On The Birth Certificate, But Not The Bio Dad
    By momma1481 in forum Paternity Law
    Replies: 1
    Last Post: 03-20-2008, 12:41 PM
  5. Replies: 9
    Last Post: 08-07-2007, 02:41 PM
 
 
Sponsored Links

Legal Help, Information and Resources