There are simular states where the husband would legally be considered the father. I know this happened to me, when I filed for divorce he tried for full custody and I told my attorney he was not the father but it did not matter. Ultimatly my ex signed over his parental rights and my new husband (13 years) adopted my son.
What you need to do is file for divorce, go file for child support and name your ex boyfriend on the papers in family court. He willl have to do one of two things. Either he will submit to paternity to prove he is or isnt' the father. Or if he does not show up, the judge will order a default order.
The hospital I believe was wrong legally you could name anyone to be on the birth certificate Hell you could have name Brad Pitt.
Being on the birth certificate does NOT make you the father, it's just a piece of paper it's what we like to call putive father.
You need to contact the vital satisics office there in your state tell them you were forced to place someone else on the BC and you want to new one issued.
This should help and will get the ball rolling! Good luckHELP! I need legal advice regarding paternity and divorce!?
go to lawyers.com and find a lawyer in your area that specializes in child support. You will have to hire a lawyer. I would also suggest you do some research, go to www.expertlaw.com; go through their forums as well. You will get better answers there.
if you haven't already, the best bet is to talk to your states attorney generals office.
as for the baby-your husband is responsible until he challenges the state in regards to paternity. it will be then your x boyfriend will, by law have to submit to a paternity test.
you should of given the baby's name from the biological dad-that is legal no matter if your married or not. truth is, anyone can name their baby what they want-this includes last name which can be anything you want it to be!
good luck
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First do not allow your husband on the birth certificate. No one has to be on any legal document, putting him on there is fraud. When you file an order Establish paternity and To legitimate a father, the court can order a DNA test, if he says he is not the father. They can get a court order for his DNA. . In my state, if he says he is not the child's father, and he is and then proved by a DNA test, he can then be ordered to pay for the test. If he is not , then they can order you to pay for the test. It is hard, the legal aid in most places do not handle these matters. Try suing bf for child support. Once it is in front of a judge the Judge can do what he wants, by ordering DNA testing, then making a motion to change birth Cert. there are just so many angles you can come at this. With out legal council you are pretty lost. and when you look at legal fees...I feel for you...I will pray for you.
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