My girlfriend and I had a baby boy in February of 2012. She was married at the time, however, legally separated and the divorce was pending. Because of this, she was not able to list me as the father on the birth certificate (she left it as “unknown”)
Her divorce is becoming final in a few days and she and I would like to add me as the father on the BC.
Everything that I have been reading makes me believe that this is not legally possible. That thought really breaks my heart.
Question is - is it legally possible to add me as the father, and secondly, how would not be listed on the birth certificate affect me and my future rights/responsibilities to our son?
Any help? please move this if it is in the wrong section. I am still a SDMB newbie
I know practically nothing about the law in Florida, but would it be possible for you to adopt the boy? And would that solve your issues about rights and responsibilities?
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I am not in Florida, nor am I licensed in Florida, however, it appears she is in the process of perpetrating a fraud upon the Court by representing your son as a child of the marriage. Couple of ways you may be able to deal with it…
Contact the husband and/or the husband’s lawyer if he has one, and assert paternity. Doing this may derail the divorce while paternity testing is done.
File a paternity suit yourself, naming the girl and her current husband as defendants.
I don’t know if Florida allows a non-party to rebut the presumption that a child born in wedlock is legitimate or not. You need to check with an attorney licensed in Florida to confirm.
I do know that if you do nothing, you have no rights or obligations to the child under the law. You’re a non-entity so far as the child is concerned. The husband will either have custody or be paying support and exercising visitation with your child.
I’m not a lawyer, but a quick internet search reveals that a father in Florida can file this form with the court entitled “mother of child married to someone else at time of child’s conception and/or birth” as part of the “establishing paternity” court package.
It looks like it is specific to Hillsborough County, but there must be a like form for the other counties.
The mother is not trying to represent the child as her husbands, quite the opposite. She is trying everything to get me listed as the father. We are together in a very happy relationship and just trying to take care of everything.
Thank you for the info, however, everything helps.
I’m curious about how this is so, since the OP specifically said she left the father of the child as “unknown” on the certificate. How does that translate to her claiming the child was a product of the marriage?
I’m guessing that Oakminster suspects the girlfriend is now (not originally) trying to get paternity established as the husband’s for the sake of child support money in the divorce proceedings, and is lying to the OP about there being no way to put his name on the birth certificate as the father.
Legally, her husband is the father of the child. You need to go to court and obtain an order that declares him not the legal father and stating you are. Blood tests may be ordered. Once you have the order, you can get the birth certificate amended.
Sounds like under Florida law, the OP’s girlfriend’s husband is presumed to be the father under the eyes of the state, even if he didn’t sign or is listed on the birth certificate. In order for the OP to be listed as the father, the other guy, is going to have to legally give up his parental rights, and then the OP is going to have to legally adopt his own son.
