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Birth certif signed-now we know he's not the father-legal paternity?
Asked Jan 5, 2012, 04:31 AM
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20 Answers We had been together around 3 months when I found out I was 2 months approx pregnant. Our son was born and we ended up getting married. We both signed the birth certificate and that was that. Later it occurred to me that with such a short started dating -to- pregnancy time and given the fact that I left one sexual relationship and started this new one fairly immediately after...I became concerned that our son may not actually be OUR son. I immediately voiced my concern to my husband (which was painfully emotional to go through) and he said regardless of anything that this is HIS son and it wouldn't matter anyway. 2 years later we separated for different reasons. We've been separated for 7 years (married 9) and our son is 10. He only visits him once a year for a week on his birthday since we've separated. I'm trying to offically divorce him and he has been making jabs at me about our sons paternity..not because he actually wants a test but because he's hurt that were not getting back together. I'm concered for my sons best interest. If this is going to be an issue I want to approach it while he's young so that he's not hurt by finding out later that his legal father is not his biological father because my soon to be ex husband decided to change his mind. The question is this....once I have the court order scientific testing and if it comes back he's NOT the father (I honestly think this is like a 1% chance) how do I change the legal father part after he's determined not to be the biological father (since he signed the birth certificate and you can do that without being the biological father) I don't expect my soon to be ex to go along willingly by the way. |
20 Answers
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| This is part of Sec 742.011 Florida Domestic Relations Statutes, saying nothing can be changed (adoption could; that's another matter). But I'm not clear on the exact difference between 'after learning' and 'while known as.' Those sound a bit contradictory to me. Maybe others have some thought on this. (3) Notwithstanding subsection (2), a court shall not set aside the paternity determination or child support order if the male engaged in the following conduct after learning that he is not the biological father of the child: (a) Married the mother of the child while known as the reputed father in accordance with s. 742.091 and voluntarily assumed the parental obligation and duty to pay child support; (b) Acknowledged his paternity of the child in a sworn statement; (c) Consented to be named as the child's biological father on the child's birth certificate; | ||||
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| Never mind, this makes it clear: 742.091 Marriage of parents. If the mother of any child born out of wedlock and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held to be the child of the husband and wife, as though born within wedlock... (rest is about fees due the court) | ||||
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| so the only way would be if he were to give up his paternity rights after he found out hes not the father. So its all in his hands...though I can make him take the scientific testing and then Ill know if I need to have a talk with my son or not. Thank you for the information! | ||||
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| He can't give up "paternity" rights. He is legally the father - according to the law which "Joy" posted. DNA at this point does not matter. The next problem is the Court's opinion of all of this - it is actually a crime to list someone on a birth certificate when there is a possibility he is NOT the father. | ||||
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| Next child custody and child support are side issues in a divorce, you file for them but they may be fought separately, So if you have been apart so long, not sure what issue with a divorce there is. You need to file for custody and get a child visitation order in place and get child support order. | ||||
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