Some questions regarding my newborn

[slawson13]

What is the name of your state (only U.S. law)? Florida

Here's some background and research information I have found

My girlfriend/Fiancee was married at the time of our newborn's conception, was divorced shortly thereafter, they had been separated.
Our daughter was just born on Monday, the Department Of Revenue is saying that their marriage at conception doesn't mean anything, that they had to be married at birth, in order for him to be the legal father.

I did sign the birth certificate, I have the birth certificate in hand and it has my name on it.

The ex-husband is a lunatic and is wanting legal custody over my child, just because.. I'm preparing myself for a fight.. (I know most other states say the legal father is the ex husband, but Florida seems to be one-off on this one,as you can tell we're all a little loony lol)

Just wondering what the validity of his claim is?
Do I need to file a DH-511 Acknowledgement of paternity, or because I signed the birth certificate this form doesn't need to be completed?

 

[Silverplum]

What is the name of your state (only U.S. law)? Florida

Here's some background and research information I have found

My girlfriend/Fiancee was married at the time of our newborn's conception, was divorced shortly thereafter, they had been separated.
Our daughter was just born on Monday, the Department Of Revenue is saying that their marriage at conception doesn't mean anything, that they had to be married at birth, in order for him to be the legal father.

I did sign the birth certificate, I have the birth certificate in hand and it has my name on it.

The ex-husband is a lunatic and is wanting legal custody over my child, just because.. I'm preparing myself for a fight.. (I know most other states say the legal father is the ex husband, but Florida seems to be one-off on this one,as you can tell we're all a little loony lol)

Just wondering what the validity of his claim is?
Do I need to file a DH-511 Acknowledgement of paternity, or because I signed the birth certificate this form doesn't need to be completed?

http://dor.myflorida.com/childsupport/Pages/paternity.aspx

Do as the government agency instructs you.

 

[wavehopper27]

Has a DNA test been performed to confirm that you are the biological father?

If it is discovered that her ex husband is the biological father then he will indeed be given at least joint legal custody, visitation and be made to pay support.

 

[slawson13]

No DNA test has been done yet, but there's no chance she is his.

As this is a public forum, I would post pictures but I don't believe it'd be a good idea to post pictures of my newborn that everyone can see..

Her ex-husband has dark hair brown eyes, mother has red hair, hazel eyes.

Our daughter has my blonde hair and my blue eyes, facial features very similar, etc.

There's no question of biological paternity at this point, just worried about the possibility of him having legal right because he wants to make my life miserable

 

[stealth2]

No DNA test has been done yet, but there's no chance she is his.

As this is a public forum, I would post pictures but I don't believe it'd be a good idea to post pictures of my newborn that everyone can see..

Her ex-husband has dark hair brown eyes, mother has red hair, hazel eyes.

Our daughter has my blonde hair and my blue eyes, facial features very similar, etc.

There's no question of biological paternity at this point, just worried about the possibility of him having legal right because he wants to make my life miserable

Want to buy some oceanfront property in Arizona? Do you realize that most caucasian babies have blue eyes at birth, and the color changes with time? Deciding your paternity of a babu based on appearance of the newborn? Foolish, to be kind.

 

[TheGeekess]

No DNA test has been done yet, but there's no chance she is his.

As this is a public forum, I would post pictures but I don't believe it'd be a good idea to post pictures of my newborn that everyone can see..

Her ex-husband has dark hair brown eyes, mother has red hair, hazel eyes.

Our daughter has my blonde hair and my blue eyes, facial features very similar, etc.

There's no question of biological paternity at this point, just worried about the possibility of him having legal right because he wants to make my life miserable

Both of my parents have brown eyes and dark brown hair. My parents had five children. Four of us have brown eyes and hair color ranging from dark brown to auburn to blond. One sibling has blue eyes and blond hair. Both of my grandfathers had blue eyes, one was dark-haired, the other had blond hair. The point is, you don't know what could be lurking in Mom and her ex-husband's gene pool; looks alone do not determine paternity.

 

[slawson13]

I never once said I was basing paternity on looks.

She was living in my home at time of conception, it's a complicated situation I know they had no contact, etc. they had already been separated for several months, you guys are COMPLETELY missing the question.. and are NOT helping me with what I already know.

 

[LdiJ]

I never once said I was basing paternity on looks.

She was living in my home at time of conception, it's a complicated situation I know they had no contact, etc. they had already been separated for several months, you guys are COMPLETELY missing the question.. and are NOT helping me with what I already know.

If your name is on the birth certificate then you already signed the acknowledgement of paternity at the hospital as that is the only way that your name could be on the birth certificate.

Since your name is on the birth certificate, her ex husband could file a case to establish paternity and get a DNA test ordered, and if the DNA shows that he is the biological father, he could obtain custody rights. However, that is the only way that he could do it. He would have to go through court to do it, and that would require a DNA test.

 

[stealth2]

I never once said I was basing paternity on looks.

She was living in my home at time of conception, it's a complicated situation I know they had no contact, etc. they had already been separated for several months, you guys are COMPLETELY missing the question.. and are NOT helping me with what I already know.

Did you have her chained up, in your sight, for the entire time? Didn't think so.

 

[wavehopper27]

Do yourself a favor and take a paternity test. There is a very limited window to disestablish your paternity if it is discovered the child is not yours. If you wait too long, you will be on the hook to support this child until adulthood even if DNA proves your not dad.

Be smart.

 

[slawson13]

I'm not trying to disestablish paternity.

Thank you ldj for confirming that, appreciate it.
If I'm the future it turns out the child is not mine, so be it.

I didn't ask for establishing paternity I wanted to confirm the information given to me.

 

[CTU]

I'm not trying to disestablish paternity.

Thank you ldj for confirming that, appreciate it.
If I'm the future it turns out the child is not mine, so be it.

I didn't ask for establishing paternity I wanted to confirm the information given to me.

Do you have any idea just how many parents come here desperately wanting to get out of supporting a child they actually had no part in conceiving?

Don't be a twit about this. Seriously.

 

[Silverplum]

I'm not trying to disestablish paternity.

Thank you ldj for confirming that, appreciate it.
If I'm the future it turns out the child is not mine, so be it.

I didn't ask for establishing paternity I wanted to confirm the information given to me.

And I gave you a link to the applicable law. You're welcome.

 

[slawson13]

Thank you silverplum, I we aware of that kink, the DOR confirmed that this afternoon that i signed the form to be in the birth certificate