Paternity

[ericamm]

My husbands ex wife put his name on her child birth certificate, he knew nothing about the child or his name being on the certificate. He just recently found out about it when he received a letter telling him to take a paternity test. The ex is trying to put the biological father on child support and she said that the state of AL stated that the person on the birth certificate must be cleared first before they can go after anyone else for child support. She said that she asked if the real father can do a DNA test to prove that the child is his but they said they couldn't do that until the person on the certificate is cleared. My husband don't want to take the DNA test because he feels that she should have never used his name on the birth certificate. They were still legally married and in the military when she gave birth to the child. The birth was in NC and she said that my husbands name went on it automatically since they were still married. My husband is looking into taking legal action against her for using his name and he wants to have his name removed from the certificate. What should he do?

 

[Silverplum]

My husbands ex wife put his name on her child birth certificate, he knew nothing about the child or his name being on the certificate. He just recently found out about it when he received a letter telling him to take a paternity test. The ex is trying to put the biological father on child support and she said that the state of AL stated that the person on the birth certificate must be cleared first before they can go after anyone else for child support. She said that she asked if the real father can do a DNA test to prove that the child is his but they said they couldn't do that until the person on the certificate is cleared. My husband don't want to take the DNA test because he feels that she should have never used his name on the birth certificate. They were still legally married and in the military when she gave birth to the child. The birth was in NC and she said that my husbands name went on it automatically since they were still married. My husband is looking into taking legal action against her for using his name and he wants to have his name removed from the certificate. What should he do?

He should take the DNA test. There's no other legal way to disestablish his paternity.

Or he can do nothing and be liable for 18 years of support.

 

[mommyof4]

To further expound on Silverplum's point....

Your husband, at this point in time, IS the legal father of the child due to the pesky fact of their marriage at the time of the birth (and presumably conception) of the child.

There IS no legal action he can take against her. Why was this not addressed at the time of their divorce? It should have been addressed when they were asked if there was/were any legal issue from the marriage.

Tell him to get his cheek swabbed. Otherwise.....

CONGRATULATIONS! He is the father!

 

[>Charlotte<]

My husband is looking into taking legal action against her for using his name and he wants to have his name removed from the certificate. What should he do?

Why take legal action against her? If they were married when the child was born he was, at that time, the legal father regardless of the biological reality. His paternity will have to be disestablished and the only way to do that is with a DNA test. Tell him to stop playing games and take the test so he can put this behind him.