Listed on Birth Cert Without Knowledge

Updated on February 15, 2013
M.D. asks from Beaumont, CA
4 answers

I am seeing nothing but statements from people saying that a mother cannot just simply add a name to the birth certificate without a signature from the father or husband.

Two years before I even knew my husband, he ends up getting a girl pregnant. Long story short, she practically raped him since he was black out drunk, but he said IF it was his kid, he would help. When she had the kid, he was overseas in Japan, etc. She put him on the birth certificate and he never signed anything. They did a mail in/ at home paternity test. He swabbed, then she took his swabs, the baby and the rest of the test into the bathroom and "swabbed the baby". We both just find that really sketchy, but it ended up "being his". He gave her money without any orders and he would spend time with him but ONLY under her supervision. She wouldn't let that baby out of her sight. Not even leave the baby with my husband if she would walk into the kitchen.

Then he met me. They were never ever together, never dated, nothing. It got serious, he said she would need to give him summer visitations (without her being there) and she flipped out. She stopped all contact with my husband and refused to let him see his son.

Now we have an order for child support and the kid is about to be 8. Luckily he is on the birth certificate because we are going to file against her for alienation of a parent and for custody, but I just don't see how it is legal for someone to put a name on the birth certificate.

Does anyone have any information on websites I could find for more knowledge about this??

By the way, the child was born in Colorado.

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So What Happened?

Seriously, how do you reply to this? Look lady. I don't have to make excuses for my husband. That is exactly what happened. He hasn't tried to give the kid up, he hasn't wanted nothing to do with the kid. If it's his, then he wants to help raise it, but she isn't allowing that, and now that we have a location on her, we plan on pursuing it. He doesn't cheat and he had a girlfriend, his roommates and friends seen him go to bed by himself, she snuck in their later. Don't assume because you think you're better that you know what's going on. My husband is a great man, not a loser like your friends husband. Since they were never married, a court ordered paternity test is required in California, which we planned on getting anyways. I wanted to know whether or not it was legal to just put someone on a birth certificate.

More Answers

L.C.

answers from Los Angeles on

Wow she shouldn't have done that to your husband while he was drunk and then in Japan. I can understand why you would suspect her but I dont know why you want the custody? He will be sad to be taken from his mom. Can you guys just share him? I dont think your husband will turn bad on you and i don't think your making excuses. I don't know the laws on this but I hope you can get things fixed.
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I'm sorry if you think I was rude because I was not being and i believe your husband. People do crazy things even women.

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M.C.

answers from Tampa on

Perhaps it is different state to state but my husband did not need to sign our son's birth certificate. I filled out the required information and listed my husband's name as the father but there was no where on the form that required his signature or confirmation.

I am not a lawyer but I can't imagine that if she believed he is the father that it would be illegal for to write his name on the certificate.

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S.S.

answers from Cheyenne on

I don't know about Colorado, but here in Wyoming, if you aren't married to the father of your baby, then the ONLY way to add him to the birth certificate is to include a documented paternity test when the birth certificate is turned in or delivered it to the state department after you receive the results. Until then, just the mom is listed regardless of the mother's certainty in the paternity. The only way you could get around that is if you lied and said you were married (but you don't have to prove it when you turn in the birth certificate, but maybe the state department looks it up to verify later)...but like I said, that's Wyoming's rules.

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K.P.

answers from New York on

My husband didn't have to sign anything when either of our children were born. I filled out the paperwork and listed him.

I think it's only a "legal process" if no father is listed at birth or someone contests the father.

Good luck!

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