Is he still the husband? You said you are divorced, right? I guess your lack of timeline is my fault since I had to
Guess but be sure to come on back and tell me I'm wrong and the hospital did put your ex husbands name as
Father because you claim your divorce was less than 300 days prior to the child's birth
Ya see, I didn't say the law didn't consider him the presumptive father. I said the hospital is not going to make a legal determination through administrative action.
It was my error regarding your parents address and your grandparents.
Since you believe you have everything under control I'll bow out.
Edit to add;
Not placing a father on the birth certificate will cause you no problems legally. Putting the bio father on there could.
You placing your ex on the birth certificate knowing he is not the father also can be problematic for you.
All of that is different than child support services utilizing the law to presume paternity to engage him in a child support action.
I never received a final decree of divorce. My mother hasn't said anything about receiving anything either. I'm assuming it's final because of the court hearing date for July 5 2016 for a Motion of Default Judgement my mother said she saw in the papers she went through. But it doesn't matter either way because even then it wouldn't be soon enough to negate the 300 day clause.
I'm also not giving birth at a hospital. I have a midwife and I'm doing it at home. Besides, it is the Department of Child Support and the Registrars Office who are the true authorities over the reporting and execution of penalties of birth certificate fraud. I am intimately involved with the DCS because of my welfare status so they have been communicating with me very clearly as to the correct course of action. As it's custom to do so with the guardians of children who's other parent they intend to pursue for C.S.
To be clear the Paternity is not the focus or what is in question. This is a divorce forum thread. Not paternity. He is only relevant as a direct result of his childish behavior in refusing to submit to a DNA test and refusing to sign a Denial of Paternity. He has legally defaulted into "father" as a result.
The Department of Child Support is using those facts as direct cause for pursuing him and him alone for child support to recoup what they are assisting me with while I'm on welfare. The Department of Child Support also has the authority to establish his paternity administratively.
Placing him on the birth certificate does not cause any problems for me. It is as simple as submitting to a DNA test after the BC is filed to remove his name or signing a Denial of Paternity before birth to prevent the placing of the name. The entire purpose of the law is to notify the husband of the wife's condition so that neither spouse is able to bow out of parental responsibilities or prevent the other parent their rights. NOT placing him would cause the most issues. Most immediately because the Department of Child Support looks first in their investigations to locate a legally responsible father at the marital status of the mother and especially as Divorce and Marriage records are public that is the first thing they would see. That I willfully lied about my marital status, not in compliance with presumption of Paternity laws. That would directly affect me and my child because my eligibility for any assistance would be denied for the rest of my lifetime because of Paternity fraud. As well as owing back anything paid out. It is ILLEGAL to not name the spouse or exspouse as father regardless of DNA relations if he falls within the legal timeline. He has the right to be notified FIRST. I would have been able to slip through the cracks if I NEVER applied for benefits in the child's life and lied about my marital status. But the bio dad would still not be able to assert any legal rights that way.
Again. None of this aspect was where any of my questions lay. I simply illustrated why the ex husband is still relevant, thus the divorce as well. Like I also said I was more than willing to let the default stand. But he refused to sign the Denial or submit to DNA testing. So now. . he has legal rights to the baby. And I need to address those in a legal manner so that the law can enforce it. I have every intention of asking the courts that he have no custody and no visitation. He has no reason to be involved besides to be childish. If he wants to fight that, he can go for it.
I listed my questions related to the divorce aspect towards the end and also in my last comment on the thread. Custody etc is my only concern at this time. My ideal scenario is that I would be able to get the divorce in Florida's jurisdiction dismissed so that I would be able then to combine child support and custody in the same jurisdiction where we reside instead of having everything so sloppy in split up. This was obviously not a planned aspect of the divorce.
I was hoping to be able to use his slimy behavior about advising me to not speak to the police because of the CID investigation and how apparent it seemed he used that as a cover to actually set the divorce in motion and his intentional use of a totally different address than agreed upon, without informing me, as reason to Dismiss with Prejudice due to Extrinsic Fraud. In his messages on Facebook he had clearly stated that he not only received all my messages but that he had ignored all of them on purpose. I felt like those messages from him may give me the slam dunk on the Extrinsic Fraud aspect. Like I said, my ONLY motive for getting the divorce dismissed with prejudice in Florida is so that I could file everything all together myself where the baby resides.
