[FLFLOWER]

I was still legally married when my child was born. Social service worker did not want to include the biological father's name on birth certificate. Now I'd like to include his name and we are legally married. What type of action should I file?

[ScottGem]

How long ago did this occur? Was the name of your, then, husband, put on the BC? What state are you in?

In most states, when a child is born to a couple currently married, the husband is presumed to be the father unless challenged. And that challenge has to take place within a statutorily dfefined window of time. Each state has their own laws about that.

So its possible your ex husband is the legal father for your child and it may be too late to change that. If that's the case, then you new husband has to adopt the child with your ex's permission.

[FLFLOWER]

I'm in Florida. The child was born in 2002, I had been separated since 2001, I divorced my ex- in 2005, and married the father (still married). No name on the BC. The divorce was uncontested and I have 2 other daughters with the ex. The third child was never mentioned on the divorce papers.