linmcc2580
May 11, 2009, 08:47 PM
This is a long explanation because the whole situation seems to get confusing to most people (even my attorney sometimes)...
BACKGROUND:
In Apr 2004 I got married. My husband and I started having problems. In Nov of that same year I had an affair, and got pregnant as a result. Myself and the man I had an affair with made a verbal agreement that he would not be involved in the child's life, as my husband had no knowledge of the affair. My husband signed the birth certificate when the child was born and the child was given my husbands last name.
In Feb 2007, My husband and I made a mutual agreement to divorce. Our son was 18 months old at this time. The day after this decision was made, I made a phone call to the man I had the affair with to inform him of the possibility of paternity tests being done. He had had a change if heart and wanted to know the results if tests were done. Two weeks after my husband and I separated, I found out I was pregnant again. This time I had been completely faithful, so it was actually my husbands child this time. My husband had had NO contact with our son, and admitted he wanted nothing to do with the unborn child.
In Mar 2007 (to present day) I began dating the man I had the marital affair with. He became an active role in his sons life.
Knowing that my husband wanted no involvement in the baby's life, I gave the baby my maiden name when he was born and no father was listed on the birth certificate. Listed in the divorce paperwork, I will be restored to my maiden name. Coincidentally, the man I am dating (the man I had the affair with and the father of the oldest child) has the same last name as my maiden name, and the name I gave my new baby.
Today, May 11. 2009, the Judge approved the Dissolution of Marriage and for my husband to sign away his rights for both children. In the divorce hearing, we discussed the need for the Birth Certificate of the oldest child to be corrected, removing my husband as the father and replacing with the child's biological father. Also, that I wish to have the oldest child's last name changed to the bio-logical fathers last name, so he will carry his fathers name, and in addition, it will match my maiden name and the baby's last name, as they are all the same. I do not want him to be the only one in the family with a different last name, or for him to have to carry the name of a man that is not his bio-logical father. My husband, along with my attorney and the Judge, agreed to this request, as it would be in the best interest of both children to avoid further confusion down the road since the situation is already so confusing.
QUESTIONS:
Neither my attorney nor the Judge were exactly sure of what exactly needs to be done to get this taken care of.
1.] What do we need to do to get the father changed on the BC of the oldest child, and also change the child's last name in the process?
2.] What costs are involved?
3.] Would this be submitted as part of the divorce paperwork? I have read that a mother can include her child in a name change request when the reason is Divorce.
4.] Will the bio-logical father be considered to be adopting his own son??
I just want to try to clarify before everything is finalized so we do not have to re-open. I know I will not need my husbands approval, since he signed the divorce paperwork where this proposal was included, and he is signing away his rights since he is not the bio-logical father. :confused:
BACKGROUND:
In Apr 2004 I got married. My husband and I started having problems. In Nov of that same year I had an affair, and got pregnant as a result. Myself and the man I had an affair with made a verbal agreement that he would not be involved in the child's life, as my husband had no knowledge of the affair. My husband signed the birth certificate when the child was born and the child was given my husbands last name.
In Feb 2007, My husband and I made a mutual agreement to divorce. Our son was 18 months old at this time. The day after this decision was made, I made a phone call to the man I had the affair with to inform him of the possibility of paternity tests being done. He had had a change if heart and wanted to know the results if tests were done. Two weeks after my husband and I separated, I found out I was pregnant again. This time I had been completely faithful, so it was actually my husbands child this time. My husband had had NO contact with our son, and admitted he wanted nothing to do with the unborn child.
In Mar 2007 (to present day) I began dating the man I had the marital affair with. He became an active role in his sons life.
Knowing that my husband wanted no involvement in the baby's life, I gave the baby my maiden name when he was born and no father was listed on the birth certificate. Listed in the divorce paperwork, I will be restored to my maiden name. Coincidentally, the man I am dating (the man I had the affair with and the father of the oldest child) has the same last name as my maiden name, and the name I gave my new baby.
Today, May 11. 2009, the Judge approved the Dissolution of Marriage and for my husband to sign away his rights for both children. In the divorce hearing, we discussed the need for the Birth Certificate of the oldest child to be corrected, removing my husband as the father and replacing with the child's biological father. Also, that I wish to have the oldest child's last name changed to the bio-logical fathers last name, so he will carry his fathers name, and in addition, it will match my maiden name and the baby's last name, as they are all the same. I do not want him to be the only one in the family with a different last name, or for him to have to carry the name of a man that is not his bio-logical father. My husband, along with my attorney and the Judge, agreed to this request, as it would be in the best interest of both children to avoid further confusion down the road since the situation is already so confusing.
QUESTIONS:
Neither my attorney nor the Judge were exactly sure of what exactly needs to be done to get this taken care of.
1.] What do we need to do to get the father changed on the BC of the oldest child, and also change the child's last name in the process?
2.] What costs are involved?
3.] Would this be submitted as part of the divorce paperwork? I have read that a mother can include her child in a name change request when the reason is Divorce.
4.] Will the bio-logical father be considered to be adopting his own son??
I just want to try to clarify before everything is finalized so we do not have to re-open. I know I will not need my husbands approval, since he signed the divorce paperwork where this proposal was included, and he is signing away his rights since he is not the bio-logical father. :confused: