bf will not be here to sign birth certificate

[la_brown09]

What is the name of your state (only U.S. law)? georgia
My boyfriend recently joined the military and left for basic training and will not be home at the time of the birth, but we both want our son to have his last name. Is there any forms we can pre-sign that the hospital will acknowledge in order for the baby to have the fathers last name without having to legally change/adopt later on?What is the name of your state (only U.S. law)?

 

[WittyUserName]

You can name your child anything you want at birth. If you're both in agreement, then Dad shouldn't need to sign anything for the baby to have his last name.

 

[la_brown09]

will he have the same legal rights as i do if he doesnt sign the birth certificate?

 

[WittyUserName]

Do you mean an acknowledgement of paternity? Because that is different.
The legal rights are something separate from the name issue.

Try this to start:

Paternity Establishment

According to this, you'd have to sign a VPA form after the child is born. In the meantime, name away.

 

[LdiJ]

will he have the same legal rights as i do if he doesnt sign the birth certificate?

No, he will not have the same rights if he does not sign the Affidavit of Paternity. However, that can be rectified in the future by going to court and having him legally declared the father there.

However, as you were already told, that has nothing to do with what last name you give a child.

 

[Zigner]

What is the name of your state (only U.S. law)? georgia
My boyfriend recently joined the military and left for basic training and will not be home at the time of the birth, but we both want our son to have his last name. Is there any forms we can pre-sign that the hospital will acknowledge in order for the baby to have the fathers last name without having to legally change/adopt later on?What is the name of your state (only U.S. law)?

If *all* you are worried about is the name...enter that name on the BC.

 

[la_brown09]

how can i get the affivadit of paternity? Do i mail this to him to sign and take it with me to the hospital at the time of the birth?

 

[LdiJ]

how can i get the affivadit of paternity? Do i mail this to him to sign and take it with me to the hospital at the time of the birth?

You cannot get one to mail to him. It either has to be signed at the hospital, after the baby is born, or signed in court in front of a judge later on.

 

[la_brown09]

ok , thank you.
What is the difference between this , and legal adoption? Im sorry for all of the questions , but one , i am young (20) and two, i am completely ignorant as far as legal matters go.
I quite possibly should have spilled the whole situation beforehand, but i will do so now. I am legally married to a guy in the marines. I knew him for 2 weeks and we got married while he was on leave last October..2 days later he was deployed to Okinowa up until last month. We originally agreed to an open marriage, and all was fine until i told him i got pregnant. He said he wanted a non- contested divorce, which is fine with me.. we never had a relationship or anything between us to begin with. I am still waiting on divorce papers, but only have approx 10.5 more weeks until i am being induced. He said i would be getting papers next week.
To make the situation even more sticky, my boyfriend/babies father just left for basic training (apparently i have a thing for military guys) he will not be done with this in time to be home for the birth.I want him to have the same rights legally as i do, without having to go through an adoption.
So my questions now are..
1)how long does it take for the divorce to be final after i sign the papers?
2)if the divorce is not final by the time i deliver, would my husband have rights to my child?
3)and is there any advice you all can give me on how to maybe speed things up for this divorce on my husbands end?? ive been getting divorce papers "next week" for about 4 months now!

 

[WittyUserName]

Oh lord. And here I thought it was just a simple naming issue.

1) No idea. But you are not in an easy place, legally. You do not need an adoption, however.

2) Yep. You're married to someone. Which makes him legally dad until a court decides otherwise. You can go to court and get it all straightened out but I wouldn't expect that to be quick-n-easy process. You'll have to have your husband legally disestablished as Dad, after which ActualityDad can then go to court to get his rights established. Spendy.

3) Generally it's difficult to divorce while pregnant; judges are a bit leery of this.

I'm sure there will be more to follow; I'm going to make a drink and see what the Seniors say.

 

[LdiJ]

ok , thank you.
What is the difference between this , and legal adoption? Im sorry for all of the questions , but one , i am young (20) and two, i am completely ignorant as far as legal matters go.
I quite possibly should have spilled the whole situation beforehand, but i will do so now. I am legally married to a guy in the marines. I knew him for 2 weeks and we got married while he was on leave last October..2 days later he was deployed to Okinowa up until last month. We originally agreed to an open marriage, and all was fine until i told him i got pregnant. He said he wanted a non- contested divorce, which is fine with me.. we never had a relationship or anything between us to begin with. I am still waiting on divorce papers, but only have approx 10.5 more weeks until i am being induced. He said i would be getting papers next week.
To make the situation even more sticky, my boyfriend/babies father just left for basic training (apparently i have a thing for military guys) he will not be done with this in time to be home for the birth.I want him to have the same rights legally as i do, without having to go through an adoption.
So my questions now are..
1)how long does it take for the divorce to be final after i sign the papers?
2)if the divorce is not final by the time i deliver, would my husband have rights to my child?
3)and is there any advice you all can give me on how to maybe speed things up for this divorce on my husbands end?? ive been getting divorce papers "next week" for about 4 months now!

Oh good lord...what a mess.

Ok...you and your boyfriend are going to have to accept that he will NOT have any rights initially nor will he be able to sign the AOP. Either the hospital is going to insist on your husband being placed on the BC, or the BC will have no father listed at all. You can still give the child whatever last name you like.

As part of the divorce process you will have to ask that a DNA test be performed on your child (once born) to disestablish your husband's paternity, and then another DNA test will need to be done to establish your boyfriend's paternity. (both will have to be done via the courts). After that your boyfriend's name can be added to the BC.

You are going to need an attorney to navigate these waters...as its going to be too complicated to handle it without one. However, as long as your husband is cooperative with the process, it shouldn't be horribly expensive, relatively speaking...but it won't be cheap either.

 

[la_brown09]

if the divorce is final by the time the baby is born will i still have to do all of this? my husband is taking care of the divorce, and nothing has been said to any lawyers about me being pregnant, saving us both the hassle and embarassment. i told him he would be legally responsible for the baby if we were still married, so he seems to have a new found motivation.
so , say i am a single , unmarried mother at the time of the birth. can i still do the AOP after the baby is born to establish rights for the daddy?

 

[Proserpina]

if the divorce is final by the time the baby is born will i still have to do all of this? my husband is taking care of the divorce, and nothing has been said to any lawyers about me being pregnant, saving us both the hassle and embarassment. i told him he would be legally responsible for the baby if we were still married, so he seems to have a new found motivation.
so , say i am a single , unmarried mother at the time of the birth. can i still do the AOP after the baby is born to establish rights for the daddy?

The courts won't generally finalize a divorce until after the baby has been born.

 

[LdiJ]

if the divorce is final by the time the baby is born will i still have to do all of this? my husband is taking care of the divorce, and nothing has been said to any lawyers about me being pregnant, saving us both the hassle and embarassment. i told him he would be legally responsible for the baby if we were still married, so he seems to have a new found motivation.
so , say i am a single , unmarried mother at the time of the birth. can i still do the AOP after the baby is born to establish rights for the daddy?

Discounting the fact that what you and your husband are doing is totally illegal....

If you think that a divorce is going to get finalized in less than 10 1/2 weeks, even in the very best of circumstances, when you haven't even been served yet, you and your husband are living in fantasyland.

 

[Proserpina]

And if the deception comes to light, Mom can find herself in quite a bit of trouble.

(if you're married your husband is the child's legal father until a court says otherwise - and if you do not inform the courts of the pregnancy and then have your boyfriend sign the AOP it's NOT going to look good)