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peta89 · Feb 21, 2010, 07:33 AM

I was married to this man when I had my daughter and he signed her birth certificate. Three years later we are getting a divorce and he does a DNA test on my daughter which is not biologicaly his, so he wants to take his name off her birth certificate. Is it legal to leave it blank after three years?

ScottGem · Feb 21, 2010, 07:50 AM

Under most US state laws when a child is born to a married couple, the husband is presumed to be the father. There is often a limited amount of time during which a challenge can be raised over this.

Without knowing where this occurred we can't cite the applicable law. I would suggest contacting a Family Law attorney to see what can be done here.

cdad · Feb 21, 2010, 08:23 AM

Also the bio father may need to be found BEFORE and changes take place. Otherwise your husband is the one responsible for the child.

babysaver · Feb 21, 2010, 08:48 AM

In my state it is 60 days after the child is born.

cdad · Feb 21, 2010, 08:50 AM

Originally Posted by babysaver

In my state it is 60 days after the child is born.

It helps when you give an answer like you had done to include the state.

Fr_Chuck · Feb 21, 2010, 08:52 AM

He has the legal right to try and to request the court to remove his name.

If he will win depends on a lot of issues that only the court under your state laws can decide.

But again he always has the legal right to petition the court to remove his name. If the court granted him a DNA test, it is very likely they may consider the motion

babysaver · Feb 21, 2010, 09:03 AM

Originally Posted by califdadof3

It helps when you give an answer like you had done to include the state.

I know. I was thinking that the other day when I posted something. I just haven't done it yet because I don't feel comfortable. I know it sounds ridiculous since it's not like anyone will be able to pinpoint what city I am in or that anyone even cares where I live.:) I'll try to refrain from posting stuff that is specific to my state till I decide.

GV70 · Feb 21, 2010, 09:11 AM

Originally Posted by babysaver

In my state it is 60 days after the child is born.

Hmmm... it is true only about paternity acknowledgments but I assume they were married at that time.

GV70 · Feb 21, 2010, 09:20 AM

There is two year statute of limitation for questioning paternity in some states/as California/,four years statute of limitation/ as Texas/ and unlimited time as Georgia for example.
That's the reason we need to know about their location...
An Acknowledgment of paternity and signing BS are different legal issues.

peta89 · Feb 22, 2010, 07:30 AM

Originally Posted by ScottGem

Under most US state laws when a child is born to a married couple, the husband is presumed to be the father. There is often a limited amount of time during which a challenge can be raised over this.

Without knowing where this occurred we can't cite the applicable law. I would suggest contacting a Family Law attorney to see what can be done here.

My daughter and I live in Missouri. I just want to know if he takes his name off the birth certificate can I leave the father part blank or do I have to have the biological father sign the birth certificate inorder for my ex husband to take his name off?

ScottGem · Feb 22, 2010, 07:33 AM

It doesn't work that way. A birth certificate is a legal document. Only a court can order it changed.

peta89 · Feb 22, 2010, 07:56 AM

Originally Posted by ScottGem

It doesn't work that way. A birth certificate is a legal document. Only a court can order it changed.

Yes, the plan is we are going to court to get divorced and at the same time remove his name from my daughter's birth certificate. I surpose I should have said will the court let him take his name off the BC without having to replace it with another?
After having a father on her BC for 3 years is it legal to not list a father?

ScottGem · Feb 22, 2010, 02:42 PM

You can specify that the birth certificate be changed in the divorce. But you are missing the point here. Its very possible that he will remain as the legal father, even despite the DNA test.

peta89 · Feb 23, 2010, 02:40 PM

Originally Posted by ScottGem

You can specify that the birth certificate be changed in the divorce. But you are missing the point here. Its very possible that he will remain as the legal father, even despite the DNA test.

Does that still apply in MO if the man I married didn't know it wasn't his biological daughter at the time he signed the birth certificate? Now that he knows she isn't his he wants off her birth certificate. Is he legally responsible for her after the 3 years since the DNA test says she isn't his and he had no idea?

ScottGem · Feb 23, 2010, 02:50 PM

This site seems to have some good information however, its not 100% clear to me.

Men and Paternity

This is the specific section that applies here:

If I find out later that I am not the father, can I contest a paternity finding ?
You have the right to request that a blood or genetic test be done in the following situations:

Finding of fraud (someone lied to you)
Duress (you were forced to sign)
Mistake of fact (you honestly thought one thing and later find out another thing is true)

Incorrect findings of paternity can be set aside at any time - If you have been determined to be the father, the law allows the court to set aside or change a paternity finding if a blood or genetic test shows that you could not be the father. In 1995, a law was passed that allowed the courts to take this action, even if the paternity finding (without blood or genetic testing) was before the law took effect in 1995. (Langston v. Locklear 359 MD 369 (2000)).
There is an exception. If you acknowledged that you were the father (even though you knew that you were not the father), you cannot later change your mind. (MdCode Ann., Fam. Law §5-306)

Based on that last paragraph, since he signed the birth certificate and raised the girl as his daughter for three years, he may not be able to overturn paternity. But this will be for a judge to decide and the law is ambiguous enough so that I think it can go either way.

peta89 · Feb 23, 2010, 03:04 PM

Originally Posted by ScottGem

This site seems to have some good information however, its not 100% clear to me.

Men and Paternity

This is the specific section that applies here:

If I find out later that I am not the father, can I contest a paternity finding ?
You have the right to request that a blood or genetic test be done in the following situations:

Finding of fraud (someone lied to you)
Duress (you were forced to sign)
Mistake of fact (you honestly thought one thing and later find out another thing is true)

Incorrect findings of paternity can be set aside at any time - If you have been determined to be the father, the law allows the court to set aside or change a paternity finding if a blood or genetic test shows that you could not be the father. In 1995, a law was passed that allowed the courts to take this action, even if the paternity finding (without blood or genetic testing) was before the law took effect in 1995. (Langston v. Locklear 359 MD 369 (2000)).
There is an exception. If you acknowledged that you were the father (even though you knew that you were not the father), you cannot later change your mind. (MdCode Ann., Fam. Law §5-306)

Based on that last paragraph, since he signed the birth certificate and raised the girl as his daughter for three years, he may not be able to overturn paternity. But this will be for a judge to decide and the law is ambiguous enough so that I think it can go either way.

Your help has been amazing, thank you so much!

kneil40 · Oct 25, 2011, 02:32 PM

My daughter was born 2006 and she had the brown last name on the birth cert.and the guy I was with have been in and out of herlife when she was born and in and out of prison and doing drugs and drink a lot.When he got back in mylife he was mad that her last name wasn't in his last name so I did change it and then we did got married 2007.So when was still doing drugs and drinking and still in and out of prison?He have been out of his child life for 5 yr's now.He only see her for 2 months and then he is gone again doing his drugs and drink and sleep around with another women.She don't know him at all.When I divorces him the judge said without child/ren.My question is can I get his last name off her birth certificate.When he haven't been in herlife or he is doing all of that bad things.That is best for the child.