Originally Posted by JeanetteSmilez
Well you see the problem in your case, is you and obviously everyone else are missing the fact that you were not allowed to add your "fiance" as the child's father because that would mean your child was conceived by the commission of a crime, in most states a FELONY. Yeah see "separated" even "legally separated" (by that I mean even if you have filed with the courts for separation or even filed for divorce but the divorce is not final) does not make you DIVORCED. By the eyes of the law and everyone else by you... you were still married when your child was conceived. So basically the hospital, family courts naturally assume the husband is the father's child, since by law you should not have been even dating much less sleeping with another man. You many never be able to amend that birth certificate... and if the ex-husband is on the birth certificate then without him authorizing you to remove him... YOU CAN'T!
This was offered to me by an attorney when I verified my answer: "Even in jurisdictions where adultery is not itself a criminal offense, it may still have legal consequences, particularly in divorce cases. For example, where there is fault-based family law
, it almost always constitutes grounds for divorce, it may be a factor to consider in a property settlement, it may affect the status of children, the custody of children, etc.
Moreover, adultery can result in social ostracism in some parts of the world."
You need to A) tread very carefully with this issue or it will have dire consequences for you B) speak to a Family Attorney C) FIRST SPEAK WITH A CRIMINAL ATTORNEY, in some states they will let you amend the birth certificate so that your purger yourself of a crime. Oh one other thing, depending on the state you are in if the ex-husband contests this... you will lose custody of that child. See if he is on that birth certificate... he IS in the eyes of the law the father until he is removed. Quite a pickle you got yourself into...