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rdiffoot · Jun 25, 2011, 07:26 AM

I have been separated from my fist born sons mother for over 4 years but we are still married. She has a daughter, which was born while I was in the army about 2 years ago and she put my last name on her child.

She lives in VA and she is undocumented. I live in Fl.

What can I do to prove that the child is not mine and remove my last name from that child's birth certificate? I did not sign that child's birth certificate.

JudyKayTee · Jun 25, 2011, 07:27 AM

Were you married to the mother when the child was born?

rdiffoot · Jun 25, 2011, 07:36 AM

Yes I was

JudyKayTee · Jun 25, 2011, 08:00 AM

Then you are the legal father - by virtue of the marriage. You don't need to sign the because if you are married to the mother.

I would consult with a good family law Attorney but I don't know if there is much that person can do in this situation.

Are you saying the mother is in the US illegally?

She is also your legal wife - marriage #2 is invalid: https://www.askmehelpdesk.com/family...ml#post2832853

kcomissiong · Jun 27, 2011, 09:31 AM

Just a side note... the last name of the child is completely separate from the legal paternity issue. She could have named the child Santa Claus if she wanted to. You being the father or not had nothing to do with what she decided to name the child.

AK lawyer · Jun 27, 2011, 10:10 AM

Originally Posted by rdiffoot

...
what can i do to prove that the child is not mine and remove my last name from that child's birth certificate? I did not sign that child's birth certificate.

A parent doesn't ever sign a BC. Some state bureaucrat with Vital Statistics does.

Was the child born in Virginia? Contact the Division of Vital Records to find out what, if anything, you can do.

Fr_Chuck · Jun 27, 2011, 10:29 AM

But because you did not file for divorce or at least legal separation before the birth of the child, legally you are the father and could even be held responsible for child support.

You may be able to contest the paterminty though a DNA test but it will have to be done though court and you will need an attorney for this.

JudyKayTee · Jun 27, 2011, 01:37 PM

I don't know why the threads weren't merged - as a completely side note OP has remarried (without benefit of divorce). Now he wants paternity testing.

?

ScottGem · Jun 27, 2011, 04:15 PM

First, ANY question on law needs to include your general locale as laws vary by area.

But, if you were legally married at the time the child was born then you are the legal father. Depending on where the child was born you may still be able to file a protest to the paternity.

These are separate issues, though connected.

JudyKayTee · Jun 28, 2011, 11:30 AM

I note that the first post said "Separated but still married" or words to that effect. When OP remarried he HAD to show proof of the dissolution of the first marriage OR not mention the first marriage at all.

I'm still not sure which one of these alternatives he chose.

It appears he's pretty convinced he's NOT divorced from Wife #1.

AK lawyer · Jun 28, 2011, 12:28 PM

Originally Posted by JudyKayTee

... When OP remarried he HAD to show proof of the dissolution of the first marriage OR not mention the first marriage at all.

I'm still not sure which one of these alternatives he chose.
...

Good point. Which means he would have apparently falsified his (2nd) marriage license application.

But I'm not sure one has to prove the divorce, at least not in all states. As I recall, at least in some places, one merely recites on the form how many times he or she was married before, and how the marriage ended. If that were the case, he may have mistakenly believed he was divorced, and therefore wouldn't be guilty of anything (except bigamy).

twinkiedooter · Jun 28, 2011, 12:43 PM

Originally Posted by JudyKayTee

I note that the first post said "Separated but still married" or words to that effect. When OP remarried he HAD to show proof of the dissolution of the first marriage OR not mention the first marriage at all.

I'm still not sure which one of these alternatives he chose.

It appears he's pretty convinced he's NOT divorced from Wife #1.

Here in Ohio when you go for a marriage license you don't have to supply them with anything proving you are divorced. He could have said his first wife expired and gave expiration date (death date) and not have to cough up a death certificate. It's easier than you think to get a marriage certificate issued. Just call up and ask them what is needed. I did and was shocked to find out how little paperwork they required.

JudyKayTee · Jun 28, 2011, 12:49 PM

Originally Posted by twinkiedooter

Here in Ohio when you go for a marriage license you don't have to supply them with anything proving you are divorced. He could have said his first wife expired and gave expiration date (death date) and not have to cough up a death certificate. It's easier than you think to get a marriage certificate issued. Just call up and ask them what is needed. I did and was shocked to find out how little paperwork they required.

Obviously varies from State to State. I had to provide a CERTIFIED copy of the Death Certificate, as did my husband.

And, yes, I could have lied and said it was my first marriage.

Come to think of it, I was divorced years ago and when I remarried I had to provide a CERTIFIED copy of my divorce decree. It was a big deal because I had to go Downtown to pick it up.

OP (I think) is in Florida. You lived there - do you know?