removing non-biological father from birth certificate using divorce decree statement

[luvinae]

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

Long story short - my husband was previously married to a woman who got pregnant by another man, lead my husband to believe the child was his up until the age of 1 at which point she confessed to her indiscretions. In the divorce agreement that she signed it states that both parties agree that the child is not his and she gave up her right for support or alimony (this was at the lawyer's suggestion to complete the divorce quickly I assume to avoid waiting for test results?) Is the divorce decree statement sufficient for applying to remove his name from the birth certificate? We currently do not know where her or the child is so a DNA test might be difficult to procure.

 

[Ohiogal]

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

Long story short - my husband was previously married to a woman who got pregnant by another man, lead my husband to believe the child was his up until the age of 1 at which point she confessed to her indiscretions. In the divorce agreement that she signed it states that both parties agree that the child is not his and she gave up her right for support or alimony (this was at the lawyer's suggestion to complete the divorce quickly I assume to avoid waiting for test results?) Is the divorce decree statement sufficient for applying to remove his name from the birth certificate? We currently do not know where her or the child is so a DNA test might be difficult to procure.

Nope. A DNA test would need to be done.

 

[LdiJ]

Nope. A DNA test would need to be done.

Even if the judge signed off on an agreement that stated that the child was not his?

 

[single317dad]

The State of Georgia may refuse to remove one father until another father is named.

Multiple previous threads on this forum on the exact same topic, including:

https://forum.freeadvice.com/child-custody-visitation-37/paternity-fraud-questions-ga-553561.html

https://forum.freeadvice.com/child-support-98/how-can-i-challenge-paternity-532110.html

 

[Ohiogal]

Even if the judge signed off on an agreement that stated that the child was not his?

What Singledad stated. The judge can sign an agreement BUT that doesn't mean it is 100% enforceable.

 

[luvinae]

Contact from the ex

So recently the ex messaged my husband and asked if he would be willing to sign away his rights so that he can be removed from the birth certificate and so that the child can be adopted. I just want to make sure my husband won't have to worry about her coming after him for anything in the future. Will the statement mentioned above in the divorce decree be sufficient to make sure she can't ask for back child support? Would it be better to have a DNA test completed? If the waiving of rights is sufficient and we won't have to worry about her coming after him then we're ok with that, I'm sure it's quicker and cheaper.

 

[Ohiogal]

So recently the ex messaged my husband and asked if he would be willing to sign away his rights so that he can be removed from the birth certificate and so that the child can be adopted. I just want to make sure my husband won't have to worry about her coming after him for anything in the future. Will the statement mentioned above in the divorce decree be sufficient to make sure she can't ask for back child support? Would it be better to have a DNA test completed? If the waiving of rights is sufficient and we won't have to worry about her coming after him then we're ok with that, I'm sure it's quicker and cheaper.

Why isn't your husband posting himself? How does the ex think he has any rights if they agreed the child was not his? Who is the actual biological father of the child? Send your hubby here to ask his questions.

 

[luvinae]

Why isn't your husband posting himself? How does the ex think he has any rights if they agreed the child was not his? Who is the actual biological father of the child? Send your hubby here to ask his questions.

This is a very sore subject to him - she led him to believe it was his for the 9months of pregnancy and for a year of the child's life - he does not handle dealing with this subject well so since it affects me too I am trying to make sure my very trusting husband doesn't end up with a knife in his back from her anymore. As for the ex she is a user and a liar and a manipulator - I don't trust Her not to try and use him to get money - that was the only reason she married him in the first place - he was a Marine, was overseas and had plenty of money in the bank for her to squander. My husband is not the biological father but since she didn't let him know that and lied to him for almost two years, his name is on the birth certificate since they were married.

 

[Ohiogal]

This is a very sore subject to him - she led him to believe it was his for the 9months of pregnancy and for a year of the child's life - he does not handle dealing with this subject well so since it affects me too I am trying to make sure my very trusting husband doesn't end up with a knife in his back from her anymore. As for the ex she is a user and a liar and a manipulator - I don't trust Her not to try and use him to get money - that was the only reason she married him in the first place - he was a Marine, was overseas and had plenty of money in the bank for her to squander. My husband is not the biological father but since she didn't let him know that and lied to him for almost two years, his name is on the birth certificate since they were married.

He needs to deal with this though. He should hire an attorney or at least have a consult with one in order to determine what is in his best interest.