My question is... I got married on may 24th of 2009... not very long ago. But after I got married my husband put his name on the birth certificate... and he new that my son was not his but he put his name on the birth certificate so he could be legally his... Now we are going through a divorce and he wants to take his name off the birth certificate, and I don't want him to take his name off the birth certificate... So is he able to take his name off the birth certificate since he knew what he was doing when he put his name on the certificate and singed it. My husband says that when our divorce is final when the state comes after him for child support he will say that he is not the father and get a paternity test to prove it... so when that comes back that he is not the father since he put his name on the certificate can he take it off??

Well lets see... he committed a felony putting his name on the BC in the first place. SO there is that (perjury... carries up to 5 years in most states)

SO when the state comes for child support he gets to deal with that... AND the fact that many states do not allow for disestablishment of paternity. Yours might and as soon as they let him out of jail I'm sure his lawyer will be able to get that done.

And just so you know... you are an accessory to the felony which makes you just as guilty.

Yes, both parents committed fraud when they signed he was the father.

But I guess he could try and lie and say he thought the child was his, and ask for a DNA test. You will have to prove he knew the child could not be his when he signed birth certificate.

Since he took responsiblty, some courts may force him to pay support, others may let him out.

What concerns me, is where is the real father and does he know the child is really his

The real father was never on the BC and didn't want to be. The last I heard he was in prison for rape so I don't want him around my child anyway.

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Originally Posted by TNT123456

i don't want him to take his name off the birth certificate... So is he able to take his name off the birth certificate since he knew what he was doing when he put his name on the certificate and singed it. My husband says that when our divorce is final when the state comes after him for child support he will say that he is not the father and get a paternity test to prove it... so when that comes back that he is not the father since he put his name on the certificate can he take it off???

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It depends on which state has jurisdiction.If you live in California you will be able to get child support almost from whoever.If you live in Tennessee or Georgia-the judge will be obligated to order DNA tests and to terminate a child support order.

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Originally Posted by TNT123456

The real father was never on the BC and didn't want to be. The last I heard he was in prison for rape so I don't want him around my child anyway.

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Off the topic-what did you do and make with this polite,kind and gentle person?

Er, some of you are apparently uninformed as to the nature of names on birth certificates. Putting his name on the certificate is not a felony in any of the United States, nor even a misdemeanor. It is not a declaration of paternity. It is a statement of who the father is. At the time, he was the father. Now that he is not the father, he may seek to have his name removed. Acting as though a child is one's own does not make it one's own. The court is most likely to determine that under law, by putting his name on the birth certificate, he has de facto adopted the child and is therefore responsible for child support as normal. A paternity test will not aid him in attempting to avoid having to pay child support, as regardless of paternity the state will consider him the legal father by adoption. Either way, he may still petition the court to have his name removed from the birth certificate, as it is his legal right to do so. He will be required to submit evidence that he is not the father of the child and provide a substantial reason for having his name removed, but you can not prevent him from submitting the petition (although you can object to it or try to have the petition blocked if you are the kind of petty person who would do such a thing).

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Originally Posted by dunerat

Er, some of you are apparently uninformed as to the nature of names on birth certificates. Putting his name on the certificate is not a felony in any of the United States, nor even a misdemeanor. It is not a declaration of paternity. It is a statement of who the father is. At the time, he was the father. Now that he is not the father, he may seek to have his name removed. Acting as though a child is one's own does not make it one's own. The court is most likely to determine that under law, by putting his name on the birth certificate, he has de facto adopted the child and is therefore responsible for child support as normal. A paternity test will not aid him in attempting to avoid having to pay child support, as regardless of paternity the state will consider him the legal father by adoption. Either way, he may still petition the court to have his name removed from the birth certificate, as it is his legal right to do so. He will be required to submit evidence that he is not the father of the child and provide a substantial reason for having his name removed, but you can not prevent him from submitting the petition (although you can object to it or try to have the petition blocked if you are the kind of petty person who would do such a thing).

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Can you prove that falsifying a document and committing purjury is not a crime? And no he is not "defacto" adopting the child. He is committing a criminal act.

Mothers sign their declarations under penalty of perjury. But a major study of this issue could not find a single case where a mother was charged with a crime for naming the wrong man.

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Originally Posted by dunerat

The court is most likely to determine that under law, by putting his name on the birth certificate, he has de facto adopted the child and is therefore responsible for child support as normal. A paternity test will not aid him in attempting to avoid having to pay child support, as regardless of paternity the state will consider him the legal father by adoption.

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You are mistaken. There are two terms-"Adoption" and "Paternity by estoppel"
It could be applied Paternity by estoppel doctrine but it will depends on the state legislation.

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Originally Posted by GV70

Mothers sign their declarations under penalty of perjury. But a major study of this issue could not find a single case where a mother was charged with a crime for naming the wrong man.

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If the person (father) wasn't married to the mother at the time of birth and later signs the birth certificate and other documents without the courts being involved then they are guilty of a crime. The way this reads from the OP the child was born out of wedlock.

The OP posted over a year ago.

Dunerat--Please pay more attention to dates.

Thread closed.