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2 Bumps

taking name off of childs birth certificate,

my husband has his name on his ex's son's birth certificate...him and i talked about getting his name taken off of it but he now seems like he doesnt want to cause he doesnt want the boys biological father to find there is no way that dude will find out cause nobody that we know nor his ex knows that talks to him and will let him out...we r doing a paternity test to prove that he isnt the father because some people in his family believe he is but he says he isnt...i told him that i want the paternity test done and his name off the birth certificate cause it will be better for our daughter that we have now and in the long run when he asks for his birth certificate he will see my husbands name and he calls somebody else i being wrong for telling him to do this?

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Asked by Anonymous at 8:28 PM on Aug. 30, 2010 in Relationships

Answers (35)
  • I hate to tell you, but in some states, if a persons name is on a birth certificate, the are legally the father, even if DNA later proves that they are not. that means child support and everything.

    And how can someone have an "ex-son"??!

    Answer by peanutsmommy1 at 8:33 PM on Aug. 30, 2010

  • That depends...what is your husband's relationship like with the child? Regardless of DNA if he acts like the boy's father than he is the father - though if he no longer has any relationship with the child and/or his ex already has someone else stepping up as a father figure than I don't see a problem with it.

    Answer by momof2inCT2007 at 8:33 PM on Aug. 30, 2010

  • no, if he's not the father he should get a dna test that will be recognized in court and use it to have his name removed. the mother can worry about tracking down the real father. i think that's the obvious choice. why does your hubby want his name to be on there still? are you sure that there is no chance he's the father?

    Answer by princessbeth79 at 8:33 PM on Aug. 30, 2010

  • it sounds like a very delicate situation. Has this boy known your husband as his only father? Has your husband been caring for the boy as his son? Why do you want the name off? old is the boy? it really seems like there is no right or wrong answer in these type of situations. it all really should boil down to what is best for the child.

    Answer by EttaMay at 8:35 PM on Aug. 30, 2010

  • If he is in the child's life, then his name should be on the birth certificate, being a father to a child that isn't really his is a rare trait to find in a man, don't scrutinize him if he wants it on there
    Jamie K.

    Answer by Jamie K. at 8:37 PM on Aug. 30, 2010

  • to princessbeth79 i was told by both his ex and him that they werent together when the child was concieved...he was with me but i was also outta state during that time as yes he cheated on me before with her at the beggining of our relationship...we broke up and he went back to her only because he has another child with her that is his...and right after they got together she had the boy...he did do child support but we never seen the boy only his other child...and now his ex has a fiance and he gets called daddy from the boy...he stopped paying child support for the boy...i dont know what to do any more...we got married and he promised me that he isnt the boys father but when i look at pictures of the boys bio father and my husband he looks like my husband and whats worse he looks like our daughter that him and i had together..grrrr..he wants the paternity test done but doesnt want his name off...

    Answer by krystalmarie857 at 8:39 PM on Aug. 30, 2010

  • thing is that he IS the father. May not be biologically but he was there when he was born up until the divorce. I think its BS that since they are divorced now that he's walking out of that childs life and not claiming him anymore and it's BS that your demanding it

    Answer by mommy_of_two388 at 8:40 PM on Aug. 30, 2010

  • If they were married when the baby was born I hate to tell ya but he is the father.....whether a paternity test shows otherwise or's very hard to get out of that in most states. I have heard situations of infidelity and a child as a result, during a marriage and even after divorce and paternity test he was resposible for the child. I think you might what to research this one alot.

    Answer by Finkette at 8:40 PM on Aug. 30, 2010

  • I agree with the first person. In most states the name on the birth certificate is the legal father. It doesn't matter if he is the bio father. He is responsible tor support and can get custody and visitation. If he isn't the bio father and he can get his name of the birth certificate then he needs to do so. It may be expensive and difficult to do, maybe impossible. He may have to do something like terminate parental rights and he may only be able to do that if the mother wants to do it.


    Answer by Gailll at 8:41 PM on Aug. 30, 2010

  • we dont care for the boy, nor see him...the only time we actually see him is when we dropp off his other child to the house..thats it. no contact is made with the boy at all...we dont do nothing with him...he doesnt call him daddy nor anything else...

    Answer by krystalmarie857 at 8:41 PM on Aug. 30, 2010

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