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Ques Regarding Marriage Registration

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luvly_butterfly

Junior Member
What is the name of your state (only U.S. law)? FL

When I was 17 I got married in NYC. HE was 18 and I was 17. We were married 9/1/94. He left the country on 12/1/94.

I am now in the process of trying to get divorced. Its a bit harder because he lives in Ecuador. I can get info and addresss.

I received a copy of my marrriage registration and what I'm wonder is if my mother's signature is not on there, does that mean that I'm not married or that I can get it annulled?

My mother was present but as I'm looking at this form there is a witness but my mother (being that I was underage) signature is no where on this document.

Just wondering if there is an easier route, since I plan on trying to do this divorce myself. We have no property together. We do have 2 daughters together, but he only signed paternity for one. He left before his 2nd daughter was born. And I've gone on and had other children.

Any advise?
 


Isis1

Senior Member
from my experience in reading on this forum, unless dad (your husband) is disestablished as dad, he is the legal father to ALL your children.

if your mom was present, then it is quite possible she signed another consent form and not the actual certificate.
 

luvly_butterfly

Junior Member
do that means..

Does that mean that when I file for the divorce i have to list ALL my children? I understand legally but my other children have had paternity established with their biological dad?

:confused:
 

CourtClerk

Senior Member
Does that mean that when I file for the divorce i have to list ALL my children? I understand legally but my other children have had paternity established with their biological dad?

:confused:
Yes, you have to list all of the children of the marriage, which means even the children you had with your boyfriend.

Your husband is the LEGAL FATHER of all of the children... since you were married when you had them, unless you underwent the process to LEGALLY disestablish paternity of the legal father, and had your boyfriend LEGALLY establish paternity.
 

luvly_butterfly

Junior Member
Then I would be..

Then I would be the mother to his two children over in Ecuador also?? Unbelievable..but ok... I guess I will have to go thru the paperwork and figure this out..

Love your quote Court Clerk :)
 

CourtClerk

Senior Member
Then I would be the mother to his two children over in Ecuador also??
If the children were born in Ecuador, no. Children born in Ecuador are not bound to FL law. However, in just about every state in the Union... when a married woman has a baby, that baby belongs to her HUSBAND until a COURT says otherwise. Doesn't work the same way for men, because men don't give birth.
 

LdiJ

Senior Member
Yes, you have to list all of the children of the marriage, which means even the children you had with your boyfriend.

Your husband is the LEGAL FATHER of all of the children... since you were married when you had them, unless you underwent the process to LEGALLY disestablish paternity of the legal father, and had your boyfriend LEGALLY establish paternity.
I am going to both agree and disagree with this. I agree that all of the children have to be mentioned in the divorce. However, if the father(s) of the other children have legally acknowledged paternity, and more particularly if DNA has been done, then it needs to be acknowledged that the children exist, but that paternity has been legally established for their actual father(s).

Its quite possible that the judge will require nothing more than that to determine the paternity of the other children. Its also possible that if DNA tests were not done, that the judge will require that they be done.

However I do recommend that you use an attorney for the divorce. You have some complications that are best addressed by an attorney.
 

luvly_butterfly

Junior Member
The Other Issue

In filling out the necessary paperwork, I noticed there is a section to list the non common children...ok great..here's the section where I ran into a bit of an issue.

the question about sole parental responsibility: I want sole responsibility. Obviously he left in 1994 and has not been around since then.

It asks how would it be detrimental to the children if he was also a responsible parent. I was told to include the information regarding his Federal Case.

Here's the details. In 1993 he was placed in jail for a drug case. HE was found not guilty and was released after 6 mos of jail time. He is out for a period of about 2 weeks or so and was called by his attorney and told that he would be going back to jail on the same case except now it was a Federal Case. Even if he was found not guilty he would have to go back to jail and face the Charges on a Federal Level.

He fled the country. So here is my question: How and Where can I find this info out? If I'm going to ask for sole custody I have to have documentation as to why. Obviously I won't want my children around someone who is wanted by the US Marshalls and I definitely don't want anything to do with all this stuff...Is there a website, phone number anything that can give me documentation as to if all this is true?

I had posted the question under crimnial but was told to post it here..since it had to do with my legal husband.
 

LdiJ

Senior Member
In filling out the necessary paperwork, I noticed there is a section to list the non common children...ok great..here's the section where I ran into a bit of an issue.

the question about sole parental responsibility: I want sole responsibility. Obviously he left in 1994 and has not been around since then.

It asks how would it be detrimental to the children if he was also a responsible parent. I was told to include the information regarding his Federal Case.

Here's the details. In 1993 he was placed in jail for a drug case. HE was found not guilty and was released after 6 mos of jail time. He is out for a period of about 2 weeks or so and was called by his attorney and told that he would be going back to jail on the same case except now it was a Federal Case. Even if he was found not guilty he would have to go back to jail and face the Charges on a Federal Level.

He fled the country. So here is my question: How and Where can I find this info out? If I'm going to ask for sole custody I have to have documentation as to why. Obviously I won't want my children around someone who is wanted by the US Marshalls and I definitely don't want anything to do with all this stuff...Is there a website, phone number anything that can give me documentation as to if all this is true?

I had posted the question under crimnial but was told to post it here..since it had to do with my legal husband.
I think that all you have to do is state that he left the country in 1994 and has not been back since. Hence he abandoned the children. I really think that anything else would be secondary and not really needed. That was 14 years ago and your children are teenagers now.
 

Ohiogal

Queen Bee
I am going to both agree and disagree with this. I agree that all of the children have to be mentioned in the divorce. However, if the father(s) of the other children have legally acknowledged paternity, and more particularly if DNA has been done, then it needs to be acknowledged that the children exist, but that paternity has been legally established for their actual father(s).

Its quite possible that the judge will require nothing more than that to determine the paternity of the other children. Its also possible that if DNA tests were not done, that the judge will require that they be done.

However I do recommend that you use an attorney for the divorce. You have some complications that are best addressed by an attorney.
A DNA test does NOT mean that paternity has been established. A COURT is necessary to establish paternity of the children born during the marriage. Unless mom went to court and had paternity established, HER HUSBAND is the legal father of the children.
 

LdiJ

Senior Member
A DNA test does NOT mean that paternity has been established. A COURT is necessary to establish paternity of the children born during the marriage. Unless mom went to court and had paternity established, HER HUSBAND is the legal father of the children.
I am not arguing about that. However, if child support has been established for any of the subsequent children, then a court would have determined the paternity.

If child support has not been legally established, but the actual father(s) have signed the AOP, I doubt that a judge is going to balk at recognizing that paternity, particularly since the husband has been out of the country for 14 years. I am simply stating that in this particular case, its probably not going to be quite as complicated as it would be in other cases.
 

Ohiogal

Queen Bee
I am not arguing about that. However, if child support has been established for any of the subsequent children, then a court would have determined the paternity.

If child support has not been legally established, but the actual father(s) have signed the AOP, I doubt that a judge is going to balk at recognizing that paternity, particularly since the husband has been out of the country for 14 years. I am simply stating that in this particular case, its probably not going to be quite as complicated as it would be in other cases.
With an AOP there is an issue that it was done fraudulently since mom was married at the time. She will still have to disestablish husband before her boyfriend can be named daddy. She missed that step and hence her boyfriend could not legitimately be named daddy.
 

LdiJ

Senior Member
With an AOP there is an issue that it was done fraudulently since mom was married at the time. She will still have to disestablish husband before her boyfriend can be named daddy. She missed that step and hence her boyfriend could not legitimately be named daddy.
True, however the interest of the state is to ensure that the children have a legal father or fathers that will be responsible for them. The husband in Ecuador isn't going to be of much use to the state in that capacity.;)
 

mistoffolees

Senior Member
I think that all you have to do is state that he left the country in 1994 and has not been back since. Hence he abandoned the children. I really think that anything else would be secondary and not really needed. That was 14 years ago and your children are teenagers now.
In theory.

It's going to be interesting to see how she can prove that he hasn't returned to this country in 14 years.

She can ALLEGE that and ask the judge to order him to produce his passport, but at this point, there's no plausible way to prove a negative like that.
 

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