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so this means he has to go on the birth certificate????

Posted by on Apr. 4, 2013 at 9:07 PM
  • 54 Replies

 my df mom says that bc im still legally married my xdh has to go on the birth certificate even though he isnt the father. she said she even asked a lawyer! i think she is nuts but idk why she would make it up. someone please tell me something!!!!

xdh and i have been separated for 2 years. neither of us have the money right now for a divorce we are both expecting babies him at the end of august and me mid september plus we have our 2 we have together to take care of. neither of us mind we have both moved on we are friends with each other and each others so's. so no problems.

anyways is this really true????




 

by on Apr. 4, 2013 at 9:07 PM
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Replies (1-10):
IDidYourMom8709
by Bronze Member on Apr. 4, 2013 at 9:08 PM
no. you fill it out with the bio father
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audreesmama
by on Apr. 4, 2013 at 9:09 PM
In most states, yes. The legal husband is considered the father until either an affidavit of paternity is filed or a DNA test is done. The AoP should be able to be done at the hospital after delivery.
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Mrs_Nelson
by Silver Member on Apr. 4, 2013 at 9:10 PM
Most states assume that the husband is the father. I think there is something you can do though. I would talk to a lawyer if I were you.
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CuriousArentYa
by Platinum Member on Apr. 4, 2013 at 9:10 PM

In the state of TN that is true. Some mothers refuse the information at the hospital where you add the fathers name. Either way it will take a court order. If you get divorced in the divorce decree have the judge specifically state that your ex is NOT the father and order Vital Records to remove him from the certificate. 

I used to work for Vital Records in amendments so I know what I am talking about. 

finnbar
by Silver Member on Apr. 4, 2013 at 9:10 PM
In some states the legal husband of the mother is legally considered the father of all progeny she gives birth to
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Anonymous
by Anonymous on Apr. 4, 2013 at 9:11 PM
Most states I know of the husband has to be listed on the birth certificate.
Kaelaasmom
by Katie on Apr. 4, 2013 at 9:11 PM

 In most states. My brother was able to avoid it when he got divorced because his ex was upfront that it wasn't his child.

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4weeman
by Silver Member on Apr. 4, 2013 at 9:11 PM
1 mom liked this
Not true. I had this issue with my ex husband. He had to sign a form called "denial of paternity" then my DF (now husband) had to sign as well we brought it with us to the hospital. Super easy. I got it from my attorney.

But, you can give that child any name you want.
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reesesami
by Silver Member on Apr. 4, 2013 at 9:11 PM
It really does depend on the state you're in.
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peanutsmommy1
by Ruby Member on Apr. 4, 2013 at 9:12 PM
What state do you live in?
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