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Do I need to modify my simple divorce or disestablish paternity?
Anonymous6 views3 answers
In 2002, while married but separated from husband #1, I became pregnant. I filed for a simple divorce not knowing I was supposed to include my child because he was born during my 1st marriage. When my child was born, I was not permitted to add his biological father onto the birth certificate because I was still legally married to husband #1. I went to court and paternity was established to his biological father. I still have not been able to add the father onto the birth certificate because vital statistics office says that husband #1 was not made a part of the paternity case nor was my child included into the divorce. They claim that I have to disestablish paternity. Husband #1 acknowledges and agrees that he is not the father. I have no financial means to hire an attorney. What do I do?
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
This is a very complex mess that most likely cannot be resolved in the space provided for answers by attorneys. An attorney will likely need to review your final judgment of divorce as well as the paternity action involving the biological father in order to answer you question.
Many family law attorneys offer a free consultation during which they could review your documents and perhaps point you in the right direction.
Please let us know if these posts are helpful, even if they are not the answer you seek. Good luck.
Barbara June HuntingDivorce / Separation LawyerPalm Harbor, FL ·
Your question involves several issues, all of which are complicated. There will likely have to be some backtracking before you can move forward toward getting the biological father's name on the birth certificate. Most family law attorneys offer free consultations. I'd suggest you use the Find A Lawyer tab on this website to look for a family law attorney in your area. Good luck to you.
You need to re-open the divorce case to amend the Final Judgment to include a line that your then Husband is not the father of the child and his name shall be removed from the birth certificate. Different judges will have requirements for this (this is why you need to at least talk to a local lawyer). Then the paternity judgment can be amended to include a provision that the biological father's name shall be added to the birth certificate.
