What is the name of your state (only U.S. law)? Delaware
I'm currently separated from my spouse since '11 due to Domestic violence (a 1 yr PO was granted to me) and haven't seen or communicated w/ spouse since. I gave birth in '13 & her father signed the papers to establish/acknowledge paternity in the hospital. Her birth certificate, however, has my estranged husbands name which I'm guessing is because I am married, my husband is assumed to be the father. I need to correct this so her biological father has his legal rights/responsibilities in reference to our daughter & also to hasten a divorce proceedings against spouse.
Facts of case: -we live in DE, spouse lived/s in MD -I have had no contact of any kind w/ husband since August '11 -spouse has never acknowledged paternity or seen child -her actual father was the only sexual contact I had around conception - Actual father was present for pregnancy, birth & we've cohabitated, & continue to, as a family -birth cert. From vital statistics lists spouse as father, however the certificate of live birth from hospital has the correct father -Estranged spouse has been in & out of prison since DV incident (believed to have been incarcerated in the months surrounding conception) & is currently a fugitive from the law & has fled MD to an unknown location. I need to legally have spouse not recognized as father and have her father recognized for obvious reasons, but also because I plan to start divorce proceeding, which would go much smoother since we do not have any children in common (he has 4 kids with another, who has legally established paternity & her and I have spoken). I've done research up to &including reading the entire DE code pertaining to Domestic Relations & I'm a little confused on how to go about starting the process (in Delaware court) to "take away assumed paternity" from my spouse and establish paternity with her biological father, who is waiting & willing to acknowledge he is her father. Any advice/assistance would be an immense help and I'd be extremely grateful. Thank you so much!