family law issue

I am a member of the US Army. While I was in school, my wife (at the time) had got pregnant. She informed me that I wasn't the father. We tried to make it work out, but split up completely in March. July she had the kid in the military hospital. She put my name on the birth certificate although I wasn't even there and we were separated. On the divorce papers she signed she admitted there was no children between us. I found out recently she is using military insurance for her child. The only way they will take the kid off the insurance is if my name is off the birth certificate. How do I go about doing this? I'm in North Carolina now and she's in Georgia. Would the divorce decree work for taking the child off?

[Grace_Adler]

I'm in NC too. But I don't know if the divorce papers would work or not but it would help. If the two of you were married the law says the child is yours unless you prove otherwise even if you didn't sign. I know it sucks because alot of people get screwed this way. I think you are going to need a paternity test but you don't have to have her present to do it. I'm not sure where you are but in Eastern Carolina there is a group called LabCorps that can do it but they charge $600. You have to go to them. Also there is another group and they will come meet you on neutral ground. They'll do the test right there. If you don't know about DNA tests..all they do is take a q tip and swab the inside of yours and the child's cheeks. Once you prove that you are not the father you can have your name removed off the birth certificate by sending a copy of the paternity tests to records of vital statistics..you may have to go to court for it too. I can't find the no. of the place right now but maybe you can call info. to get it or look on the web. It's Professional Services P O Box 776 Dunn, NC 28335. Good Luck. BTW I was in the Army too. I'm guessing you're in Fayetville.

Thank you. Yes, I'm in Fayetteville. She tells me now that she isn't going to do participate in the child support since she isn't asking for child support (other than the insurance). I have found some companies that will do the test through the mail so it isn't like she has to go out of her way. A few with even do it with as little as a clump of hair (as long as it contains the root). She won't even do that for me. I am not sure what to do now. I want this resolved. It could be done in a matter of weeks if she'd only participate.

I forgot to mention, I have never seen this child before. Due to the timing being off and her telling me that the child wasn't mine, I haven't seen her since 1999 either.

[Grace_Adler]

Hey..I'm only about an hour 1/2 away from you...LOL. Anyway, I have a couple of questions 4 u. One is when was the child born? Because a judge may say all of this should have been taken care of during the divorce. 2. Is there anyway you could see the child? Because even though it sounds sneaky, if she won't cooperate you could take the child to have the test done with you. From what the other post said Labcorp are all over and since you are "legally" the father ( I say by law) then you have the authority to take the child from what I understand. Then you'd have the test results and possibly be able to do something. So that's about all I can think of right now. By the way, I think this is the right no. for the other place..the one in Dunn that will meet you on neutral ground. But I think it has to be in the state though. (910) 892-0102. I guess it's still the same. If you choose LabCorp you might find them in the yellow pages and ask if they have one in GA where your ex lives.

The child was born July 21, 2000. The divorce was final July 2001. I didn't think this was a big deal until I found out her son was using military insurance and my name was on the birth certificate. She is making a big deal about this paternity test. She says she'll have her new husband adopt him, but the paternity test is a problem. I don't really want to see this kid, but I am afraid he'll get confused. He already calls some other guy daddy. That's a good idea though about seeing him and getting a hair sample.

[Grace_Adler]

That is a good idea about the hair. Any way you can steal his hairbrush? LOL!!! Anyway don't worry too much about confusing him because you never get to see him and he's very young. If you were in his life everyday it might be different and teaching him to call you Dad. But you aren't so don't worry about that. I think you should go for the paternity test if you can though. That's the only thing that's going to straighten this mess out. Legally since you are on the birth certificate you are the legal father. So that means you have rights. Rights to get a paternity test.

[ellencee]

Jaxaction--
I would have though your were a navy man from the Jaxaction!
Anyway, in addition to Grace's answers, you may have already stated your course of action and not realized it. If the mother goes for an adoption of the child by her new husband, you will be contacted and must agree. Here's your chance to get that paternity test, and if the child is not yours, allow the adoption. Your name comes off the birth certificate, the use of your insurance stops, and there's no chance of a child support action against you.

Thank you very much. I'm talking with someone Friday about this. I'll keep you posted.