My friend divorced her husband when she was 3 months pregnant. He had been cheating on her throughout their marriage, and she just found out then. She's due to have their baby next month, and he doesn't want any part of it.
She's currently dating an old friend who wants to help her with the baby-even if things don't work out he wants to raise the baby with her.
If she puts this new guy's name on the birth certificate (her ex will know about it), does he still have any rights? Would she and the new guy be better off if they married, too?
2006-11-20 05:02:55 · 18 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Why on earth would she want to put a "boyfriend's" name on such a permanent document like a birth certificate? She should put the bio father's name on it.
In any event, the law considers her ex as the bio father because they were married at the time of conception, unless a paternity test is done to prove otherwise.
2006-11-20 05:18:46 · answer #1 · answered by Royalhinney 7 · 0⤊ 0⤋
Maybe it depends on the state. But I had my son in California 12 1/2 years ago and I put his father's name on the birth certificate. He did not need to sign it or any other document. I have heard some people say that the father has to be there to fill out the birth certificate, but all the mothers I know fill out the info for the birth certificate. It is the Acknowledgment of Paternity form that the father has to be there to sign. As someone suggested before, start with the Health Department or the Vital Records Department in the county where this child was born. If they will not give you a copy, then you are not listed as it is against the law for anyone but a listed parent to get a copy of a birth certificate.
2016-05-21 23:45:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The real father has rights no matter whose name she puts on the birth certificate. The courts can order a paternity tests of which may cost her if she misleads by putting another person of who she knows is not the father on the birth certificate. This may also be fraud as she knows it is untrue and this is a legal certificate. However, with the father still having rights even though it may take him longer having to go through the courts there really is no point in her getting married just to avoid the situation or putting someone else on the certificate. She may not want to have anything to do with the father, and him for now, but no matter what she wants she made a child with him and until that child is 18 she will have ties to him and will have to deal with him. Sucks but true. Now if he doesn't want anything to do with the child, she could ask him to sign away his rights, then she wouldn't have to deal with him. However, if he agrees to do this, do it with an attorney so that he cannot come back at a later time and fight it. You must make sure it is notorized and all of the wording is correct. A lawyer can make sure everything is there that needs to be. I know how she feels as my ex is a big time jerk, but I have kids with him. Good luck to your friend.
2006-11-20 05:12:29 · answer #3 · answered by Elvira 3 · 0⤊ 0⤋
depends on what's in the divorce decree --- did she admit to being pregnant when she was asked? She should have DNA test done to prove the ex is the dad and have him pay child support - after all the child is still his responsibility--- even if the ex is acting like a jerk! He needs to pay support for his child because letting him off the hook isn't right... why create more hardship for the mom and the baby?
She should do things honestly --- if the guy she's with wants to be part of the baby's life - then they really should get married and he could petition for adoption (yes, the biological dad will have to be notified but if he truly doesn't want anything to do with the child, there shouldn't be any problem with him signing away his claim on the child. Tell her to get a lawyer and start to work on the preceedings right away!)
2006-11-20 05:12:57 · answer #4 · answered by jaimestar64cross 6 · 0⤊ 0⤋
You can't put the name of someone you know NOT to be the father, on the birth certificate. That is fraud. If the biological father wants nothing to do with the baby, have him sign away his parental rights, which would leave the new boyfriend the option of adopting the baby as his own. That is the legal way to solve this dilemma, and the only thing that is morally right for this baby.
2006-11-20 05:11:03 · answer #5 · answered by auskan2002 4 · 0⤊ 0⤋
Honestly, To protect herself I would advise her to not put a name as the father on the birth certificate. In the state of Tx yes, whoevers name is on there will have some rights. But be careful if the divorce is not final because her husband could acuse her of cheating by using the birth certificate with the other guys name on it for evidence... A blood test would clear it up but anyways...Some guys are bigger jerks than others. Good luck!
2006-11-20 05:08:00 · answer #6 · answered by love_n_hate84 2 · 0⤊ 1⤋
your friend should not put her new man's name on the certificate. because that is forgery. all she has to do is not put any name. and keep in mind, if the bio dad changes his mind about being a father, all it takes is a Summons and Petition and a request for DNA to reclaim his parental rights. and he could claim she kept him from the baby. What she could do, is ask him to sign off his parental rights. And the new man could then proceed to adopt the child. and keep in mind, at some point the child will figure this all out. so keep everything on the up and up.
2006-11-20 05:21:46 · answer #7 · answered by Bella 5 · 0⤊ 0⤋
The ex could still claim parental rights through the court and a DNA test. He SHOULD pay child support in any case. I have no opinion on them getting married but, best case scenario for the child would be married parents with the legal father relinquishing rights and allowing your friend to adopt the child. Best to contact an attorney or someone with experience in this field.
2006-11-20 05:08:39 · answer #8 · answered by Dust in the Wind 7 · 0⤊ 1⤋
Her ex husband can not do anything since he isnt on the birth certificate yet. Also I dont think she should put the other guy's name on it either just in case later down the road they split he could have rights to that child since his name is on it. I also can tell them if they are better off married since that is there decision
2006-11-20 05:08:20 · answer #9 · answered by ? 4 · 0⤊ 1⤋
With all the DNA testing these days.A name on a birth certificate doesn't really mean much.My sons fathers name has never been on his.He still had to pay child support.If they love each other they should married.
2006-11-20 05:18:14 · answer #10 · answered by Anonymous · 0⤊ 0⤋