• This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn more.
  • FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

MidNytekitti -- Georgia Thread

#1
I am having very nearly this same issue and would dearly love an answer. The other respondent is correct, in the state of Georgia, a married woman MUST list her husband's name on the birth certificate. In fact the forms you fill out don't allow you not to, so you were not falsifying information. Georgia law has a "presumed" parentage stance when it comes to fathers. If you are married at the time of the child's birth (regardless of whether you are separated), the legal husband is the presumed father and therefore is responsible for the child unless he or the biological father files a court order disputing parentage. And even then, it is possible for the courts to rule that the presumed parentage stands if the dispute is not filed within a timely manner after the child is born (i.e. if too many years have passed).

I know all this, but I still don't know how to do what I need to do. My husband and I were separated for 12 years, but didn't get divorced until three years ago (we didn't want the paperwork and hassle, and were fine living our own lives). During that time, I gave birth to my son, whose father I have been with for the past 10 years (and because of whom, in fact, the divorce came about...can't get remarried without first getting divorced)! It was only just recently that I realized the birth certificate for my son has my ex-husband's name and not his biological father's name (soon to also be his legal father by way of marriage). We want to change this, but do not want to go to court. My ex and I both hated the divorce proceedings and would rather just do this quietly, quickly and efficiently. My fiance is willing to submit to a blood test and my ex is willing to write a statement indicating our lack of involvement for the past 13 years or so. Will we HAVE to go to court? And if so, will my ex have to attend? He's not even in this state anymore!

Any assistance would be appreciated!
Your remarriage will NOT make your fiancé the child's legal father. He would have to establish paternity through the court and yes your husband will have to go to court in order to get a divorce from you. Court is required for divorce and establishment of paternity/legitimation.
 


not2cleverRed

Obvious Observer
#2
Well, she did say they (finally) divorced 3 years ago.

(I would think her ex-husband would have tried to disestablish paternity then...)

So the issue is changing the legal father to the biological father. At this point, wouldn't she have to wait until after the marriage, and then have a step-parent adoption?
 
#4
Well, she did say they (finally) divorced 3 years ago.

(I would think her ex-husband would have tried to disestablish paternity then...)

So the issue is changing the legal father to the biological father. At this point, wouldn't she have to wait until after the marriage, and then have a step-parent adoption?
It may be possible for her lover to file to establish paternity but he would have to sue the legal father and mother in order to do so. Legal counsel would be suggested because OP cutting corners hasn't worked thus far.