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jing · Feb 14, 2009, 02:40 PM

Hello I have a 9 yr old daughter.. an her biological father has never been there or supported her.. his name was never on the birth certificate an now I'm married my husbands name is now on the birth cert.. she carries his last name an has supported her since we've been to gether for 5 yrs.. her biological father has sent a child support check an his name is not on the birth certificate an.. I have file for that a long time ago an they said it is impossible because I don't have his social.. an now I think he filed it himself because I won't allow him never to see her because I don't think its time yet.. I don't want to confuse her in such a young age my question is does her biological father still have rights to her even if his name is not on the birth certificate an is it legal to put her as a dependent.. on his tax return.. because my husband her father now legally on the birth certicate.. files her on his tax return an is a dependent of ours... child support send a check under a tax return . Is that even possible.. what do I do..

Fr_Chuck · Feb 14, 2009, 02:57 PM

You could not have legally gotten your new husbands name on the birth certificate, so did you lie or commit some fraud to add his name?

And of course if he is the real father he always had rights, and you had no "right" to put a non father on the birth certificate.

Was there ever a custody agreement, was there ever a child support agreement, those agreement are still in place and binding if there was.

If the child custody allows him to claim the child on taxes then he is.

Child suppport is not tax deductable,

But you need a good lawyer, since yes he has and had rights, and it appears you did not follow the laws in the adding him as a father.

ScottGem · Feb 14, 2009, 03:02 PM

A Birth Certificate is a legal document. Changing requires a court order. So you need to expolain how you got your husband on the B/C. As Chuck said, you may have committed a fraud in doing so.

If the bio father pursues his rights, he will, most likely gain them, especially since you circumvented the law.

At 9 your daughter is old enough to be told the truth about her background.

I agree with Chuck, you need a lawyer to help you out of this mess. I would suggest that your husband file for a legal adoption. But this will mean contacting the bio father to relinquish his rights. He may be willing to do so, or he may not. If he refuses your attorney can advise how to proceed.

It might also help to know what country/state you live in as laws vary.