Putting biological father on birth certificate before divorce is final?

[Becoming]

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

So here's the story. Me and my wife live in Germany now. My son was born during the process of her divorce with her husband at the time. We were advised by nurses that it's fine for her to claim she's single. She did that, especially since she lived in California with me and her husband at the time was in New York. They were not legally "seperated". Now, I understand now that the legal husband is considered the father.

So now her ex-husband is writing emails to us saying the divorce is void and that we committed forgery on an official document. He's threatening us by saying if we return to the USA, that we both will be arrested by Homeland Security and held until our court date. He said he notified Homeland Security and the National Guard. This is of course scares us because we really did not feel we were breaking any laws because there is absolutely no chance he is my son's father.

Should we really take this threat seriously, is it possible we'd be arrested?

And also, if the divorce really is considered void and a new divorce needs to be filed, can we be prosecuted because she claimed she was single and I signed the birth certificate? What are the chances? I only signed it because I am his biological father, and I did not know anything about the fact that the legal husband is considered the father. He is currently 2 years old.

Thanks in advance.

 

[Ohiogal]

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

So here's the story. Me and my wife live in Germany now. My son was born during the process of her divorce with her husband at the time. We were advised by nurses that it's fine for her to claim she's single. She did that, especially since she lived in California with me and her husband at the time was in New York. They were not legally "seperated". Now, I understand now that the legal husband is considered the father.

So now her ex-husband is writing emails to us saying the divorce is void and that we committed forgery on an official document. He's threatening us by saying if we return to the USA, that we both will be arrested by Homeland Security and held until our court date. He said he notified Homeland Security and the National Guard. This is of course scares us because we really did not feel we were breaking any laws because there is absolutely no chance he is my son's father.

Should we really take this threat seriously, is it possible we'd be arrested?

And also, if the divorce really is considered void and a new divorce needs to be filed, can we be prosecuted because she claimed she was single and I signed the birth certificate? What are the chances? I only signed it because I am his biological father, and I did not know anything about the fact that the legal husband is considered the father. He is currently 2 years old.

Thanks in advance.

Your wife committed fraud as did you by signing a document that you knew was false. She was not single. The divorce is not void but he can attempt to reopen it and go for custody of HIS child -- the child that was conceived and born during the divorce. Your wife would have to fly to the United States and most likely produce the child to the court so that a paternity test could be done. Will you be arrested? Not for that. But it can cause your wife other difficulties.

 

[LdiJ]

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

So here's the story. Me and my wife live in Germany now. My son was born during the process of her divorce with her husband at the time. We were advised by nurses that it's fine for her to claim she's single. She did that, especially since she lived in California with me and her husband at the time was in New York. They were not legally "seperated". Now, I understand now that the legal husband is considered the father.

So now her ex-husband is writing emails to us saying the divorce is void and that we committed forgery on an official document. He's threatening us by saying if we return to the USA, that we both will be arrested by Homeland Security and held until our court date. He said he notified Homeland Security and the National Guard. This is of course scares us because we really did not feel we were breaking any laws because there is absolutely no chance he is my son's father.

Should we really take this threat seriously, is it possible we'd be arrested?

And also, if the divorce really is considered void and a new divorce needs to be filed, can we be prosecuted because she claimed she was single and I signed the birth certificate? What are the chances? I only signed it because I am his biological father, and I did not know anything about the fact that the legal husband is considered the father. He is currently 2 years old.

Thanks in advance.

Technically your wife broke the law. However, its sounds like neither you nor your wife had any clue that she was breaking the law. The husband is not the legal father (because someone else is on the birth certificate) but he is the presumptive father which would give him standing to challenge the child's paternity. If there is absolutely no chance that he is the child's father he is unlikely to do that, but he could.

The divorce is not void. Homeland Security doesn't give a squat about someone putting someone other than their legal husband on the birth certificate for a child. The National Guard absolutely does not care either. Neither one of you are going to be arrested.

Does your wife have any reason why she is legally required to be in contact with her ex-husband? If they do not share other children then I suggest that you both block his email so that you don't have to listen to his rants.

 

[Ohiogal]

Technically your wife broke the law. However, its sounds like neither you nor your wife had any clue that she was breaking the law. The husband is not the legal father (because someone else is on the birth certificate) but he is the presumptive father which would give him standing to challenge the child's paternity. If there is absolutely no chance that he is the child's father he is unlikely to do that, but he could.

The divorce is not void. Homeland Security doesn't give a squat about someone putting someone other than their legal husband on the birth certificate for a child. The National Guard absolutely does not care either. Neither one of you are going to be arrested.

Does your wife have any reason why she is legally required to be in contact with her ex-husband? If they do not share other children then I suggest that you both block his email so that you don't have to listen to his rants.

Regarding the bolded, ignorance is NOT a defense. Have you ever seen an AOP? I have. They spell out that falsehoods are punishable as the crime of perjury. Wife KNEW she was not single at the time. She knew she was still married at the time she put single. So she did KNOW she was breaking the law. She just didn't give a flipping fig newton at the time.

The rest I agree with except for the fact that they do share children -- the one she birthed that she committed fraud upon.

 

[Silverplum]

Golly, so "nurses" were WRONG about legal matters?

 

[LdiJ]

Regarding the bolded, ignorance is NOT a defense. Have you ever seen an AOP? I have. They spell out that falsehoods are punishable as the crime of perjury. Wife KNEW she was not single at the time. She knew she was still married at the time she put single. So she did KNOW she was breaking the law. She just didn't give a flipping fig newton at the time.

The rest I agree with except for the fact that they do share children -- the one she birthed that she committed fraud upon.

The thing is though, if the nurse who is handling the paperwork tells the average someone that its ok to put down that they are single, then that average person is likely to believe the nurse. We both know that ignorance is no defense to the law, but that still doesn't mean that they knowingly did something wrong.

 

[Silverplum]

The thing is though, if the nurse who is handling the paperwork tells the average someone that its ok to put down that they are single, then that average person is likely to believe the nurse. We both know that ignorance is no defense to the law, but that still doesn't mean that they knowingly did something wrong.

See my cross-posted remark.