Ask Me Help Desk - Unique situation paternity issue

I live in Wayne county Michigan. I'm in the process of a divorce. I have been since April of last year. My soon to be ex husband is in prison in Indiana and he has been since January 2006, I don't know exactly when the divorce will be final. Since I'm legally married my husband is supposed to go on the birth certificate. He is not the father. I left the fathers name blank and because I did so I'm in violation of the law and I can not obtain a copy of my daughters birth certificate. I need to know how I can go about getting the biological father on the birth certificate. I don't know when the divorce is going to be final because when it is I could get the birth certificate then with the actual fathers name on it, but having medicaid I need to be able to get her birth certificate so I can get her social security card or I will lose her medical and I've already lost my food stamp assistance because I don't have a social security number for her.

So my real question is, how can I go about getting the biological father on the birth certificate? Is there any way around the law since "husband" is incarcerated for child molestation and not getting out until at least 2030.
I need to get her birth certificate and social security card pretty quick so I don't lose her insurance and so I can get my food stamps back

Quote:

Originally Posted by Natulla

I... left the fathers name blank and because I did so I'm in violation of the law and I can not obtain a copy of my daughters birth certificate.. .

So my real question is, how can I go about getting the biological father on the birth certificate?
...

I need to get her birth certificate and social security card pretty quick so I don't lose her insurance and so I can get my food stamps back

Sorry, but it seems to me that your main problem is getting the BC, not getting the real dad's name on it.

BTW, this is definitely not a "unique situation". Michigan even has a form for this exact fact pattern. You're not going to get in trouble for submitting this form.

Is the State of Michigan refusing to give you, an undisputed parent of this child, a birth certificate? What reason are they giving for refusing?

Quote:

NOTE: Only those individuals named on a Michigan birth certificate are eligible to electronically request and receive the document.

http://www.michigan.gov/mdch/0,1607,...245---,00.html

Quote:

You must read the following to proceed with your order.

Who Can Order?
Access to Michigan birth records is restricted. You may order copies of Michigan birth certificates for yourself or your child, as long as you are named on the record being ordered. Anyone not listed on the certificate must submit proof of entitlement. Please visit the Michigan Vital Records website for entitlement requirements. Online orders are not accepted for the birth record of a deceased person as additional information is required.

(emphisis added)

You are an individual named on the BC. So it would seem that you are elgible to receive the document. Again, what's the hangup?

Ok. You left the real father's name blank. I don't think that's what they mean when they say you are "in violation of the law". And in any case, assuming you violated the law, it's not a roadblock to getting the BC.

Quote:

Originally Posted by AK lawyer

Sorry, but it seems to me that your main problem is getting the BC, not getting the real dad's name on it.

Is the State of Michigan refusing to give you, an undisputed parent of this child, a birth certificate? What reason are they giving for refusing?

MDCH - Order A Record Online

You are an individual named on the BC. So it would seem that you are elgible to receive the document. Again, what's the hangup?

They will not let me get in UNLESS I name my husband on the birth certificate since I am married. I do not want to name him on it, so the fathers name is BLANK and I am in violation of the law. The only way to get the birth certificate is to name the husband as the father of the child or to have it state in the JUDGMENT of the divorce that the husband is not the father and then I can put the actual father on it. I need the birth certificate now and I'm wondering if there is a way around it.

NOTE the birth certificate is considered incomplete and its in Lansing

Quote:

Originally Posted by Natulla

... The only way to get the birth certificate is to name the husband as the father of the child or to have it state in the JUDGMENT of the divorce that the husband is not the father and then I can put the actual father on it. I need the birth certificate now and I'm wondering if there is a way around it.

That's not what it says here:

Quote:

The information on the father may be added to the birth record based upon a certified court determination of paternity, an Order of Filiation, a properly
Filed Affidavit of Parentage or Acknowledgment of Paternity

Quote:

Originally Posted by Natulla

NOTE the birth certificate is considered incomplete and its in Lansing

Apparently the paper-pushers in Lansing can't be bothered with the law. :)

Incomplete or not, it is still a birth certificate and you have a right to get a copy. Go over their heads: talk to your state legislator, someone from the governor's office, or somebody like that.

So a final divorce decree is not required. What you need is to file a stipulation (both parties to the divorce, or their attorneys sign) for an order of paternity, the judge signs off on it, and you're good to go.