3rd Trimester

Birth certificate question

edited September 2013 in 3rd Trimester
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Re: Birth certificate question

  • MrsJG3MrsJG3 member
    edited September 2013
    Deleted you don't deserve my advice.
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  • Why would the court have to get involved just to add the father? So if he signs at birth will anyone be able to look that up and tell that he has signed?
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  • MrsJG3MrsJG3 member
    edited September 2013
    Deleted you don't deserve my advice
    DD: 8  DD: 3.5  DS:18M
    Baby #4 Due: 2/4/2016
    Feb16 August Siggy Challenge
    Favorite TV Mom
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  • edited September 2013
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  • MrsJG3MrsJG3 member
    edited September 2013
    Deleted you don't deserve my advice
    DD: 8  DD: 3.5  DS:18M
    Baby #4 Due: 2/4/2016
    Feb16 August Siggy Challenge
    Favorite TV Mom
    image

  • jessntim3 said:
    We are trying to decide if the father should be added at birth or later. I want to add him now, well at birth but he is convinced its a public record and his wife will be able to find out ( no lectures please). He wants to wait until after he is more settled. So would a court order be needed for someone to search for it?
    Sorry hun that is a sticky situation but I look at it this way does she suspect he is not being faithful. Would there be a reason she would go looking through public files? If not then just put his name on it so you do not have to get a court order later to put it on. Good luck
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  • Have you considered the financial ramifications of not putting him on right away? Paying for a paternity test later and no back child support. On the other hand, if he goes on it now, and stays with his wife - they'll get partial custody of your child. If it was me, I'd leave him off.

    Each state is different but by waiting its a possibility of paying for a paternity test.....you can still get back child support it depends on when you file for it and I never heard of any such thing that if he is married he can get partial custody so I don't agree with those two things.....but just put his name on there from what I know she will have to go threw hell and high water to get information about a birth certificate so you should be ok......
  • chinablack55chinablack55 member
    edited September 2013

    Have you considered the financial ramifications of not putting him on right away? Paying for a paternity test later and no back child support. On the other hand, if he goes on it now, and stays with his wife - they'll get partial custody of your child. If it was me, I'd leave him off.

    Each state is different but by waiting its a possibility of paying for a paternity test.....you can still get back child support it depends on when you file for it and I never heard of any such thing that if he is married he can get partial custody so I don't agree with those two things.....but just put his name on there from what I know she will have to go threw hell and high water to get information about a birth certificate so you should be ok......
    Sorry to burst your bubble but if this married man is the father and he's paying support, he gets to see the kid. Which means the child would be going to his house with his wife. Unless the courts find him unfit as a father, if OP says he is the father, he has rights.

    Like I said each state is different but custody rights and visitation rights are two different things....so yes he can be married and pay child support an also put in a request for visitation visit....but this do not automatically give him partial custody that's a separate hearing......

    Eta: even if he don't pays child support he has rights but unless it's a mutual agreement between both parents made outside the courts in which the court will honor and just make official you have to file for a hearing before the judge an which he or she will make the final say so based on current circumstances.....
  • chinablack55chinablack55 member
    edited September 2013

    Have you considered the financial ramifications of not putting him on right away? Paying for a paternity test later and no back child support. On the other hand, if he goes on it now, and stays with his wife - they'll get partial custody of your child. If it was me, I'd leave him off.

    Each state is different but by waiting its a possibility of paying for a paternity test.....you can still get back child support it depends on when you file for it and I never heard of any such thing that if he is married he can get partial custody so I don't agree with those two things.....but just put his name on there from what I know she will have to go threw hell and high water to get information about a birth certificate so you should be ok......
    Sorry to burst your bubble but if this married man is the father and he's paying support, he gets to see the kid. Which means the child would be going to his house with his wife. Unless the courts find him unfit as a father, if OP says he is the father, he has rights.

    Like I said each state is different but custody rights and visitation rights are two different things....so yes he can be married and pay child support an also put in a request for visitation visit....but this do not automatically give him partial custody that's a separate hearing......

    Eta: even if he don't pays child support he has rights but unless it's a mutual agreement between both parents made outside the courts in which the court will honor and just make official you have to file for a hearing before the judge an which he or she will make the final say so based on current circumstances.....
    Mind blowing that you think this is how it works. If he's on the birth cert. Paying child support, he absolutely has the SAME rights as mom until SHE gets a court order otherwise. What makes her more entitled to seeing their child? If he's got a stable home, supportive wife etc, she could end up being the visiting parent.

    The other person said he gets partial custody because he's married and paying child support and thats incorrect...neither parent has custody of the child until they go file for it...but yes if the child is in the fathers custody and he his primarily the main provider and she for whatever reason is unable to care for the child then she can do visitation visits....and I did clearly state he does has rights whether he pays child support or not until she goes and file paper work that says otherwise
  • I am seprated and having a baby with my boyfriend. I want to put my Maiden name instead of my married name on our son BC. Some have told me I would have to put my married name and list my soon to be ex on BC. I will not do this to my child. 

  • edited September 2013
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  • edited September 2013
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  • Put his name on the birth certificate. It will protect your LO in case he decides he no longer wants to leave his wife or just no longer wants to be part of your life. I know that's tough for you to read, but he can, on less than a moment's notice decide that he no longer needs to support you-because he has no legal obligation to. Not having him sign the birth certificate makes it easier to avoid the legal obligation to your LO too.
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  • Unfortunately your relationship needs to be taken into consideration when responding to your question.  I think the father should be placed on the BC now, at birth.  While you say that you have a great relationship now, ANY relationship, married or not, can change - so I think it's unwise and irresponsible to leave him off and assume that he'll always take care of you and your LO financially.  I think you'll be kicking yourself down the road if you do need to take him to court for custody/child support and are spending money and time trying to prove he's the father. 

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  • edited September 2013
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  • oh my. OP you should schedule a FREE consult with a local lawyer, they will be the only one that can tell you what your legal options are. I know where I live the father can't even be on the bc if he's not married to the mother UNLESS he is there and signs a legal document acknowledging that he is indeed the father. So it may not be up to you at all to put him on there. Also that state I live in says that if he's on the bc he has just as much right to the child as you do. So it's not considered kidnapping if he takes the child and runs. Not saying this is going to happen, that is just the legal info I was given when I spoke to a lawyer. GL.
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  • There is no family! He doesn't have children with his wife, she never could give him any which is part of the reason his lost interest in her. His family will be with me. I'm making him happy and fulfiliing all of his needs, he will not leave or cheat on me.
  • OP, all the PP have given you good advice.  Seek an attorney, like YESTERDAY!  If you and your LO are your first priority, then do yourself service and get the protection you are entitled to BEFORE you need it.  It makes me sick to my stomach to think of the impact this could have your LO, the innocent person here. 
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  • Birth Certificates exist for a reason. Definitely talk to an attorney... one that will look out for your and your child's interest.  I would hate for my child to go through hardships later in life, proving paternity, trying to complete his birth certificate or come up with the missing information... all because the father's current wife may or may not do a birth certificate search and find out the truth.

    If it's been a long time as it is, it probably won't sort itself out in time to make a BC correction before it is filed with the county. To add him to the BC later, you most likely are going to need a court order. 

    Also, I agree with PP. Your situation is not even close to one I or anyone I know would hope or be even be content with. I'm glad you're happy, but your post has big yellow and red caution lights flashing all over it. I would think most people would find themselves unhappy in this situation. That is why most people are commenting on your relationship... not because they are jealous or unhappy in their own. 
  • jessntim3 said:

    I don't need to defend my relationship to any of you. Also his wife is not my priority, my child and myself come first and foremost.

    You will to your child some day when he leaves you for his wife and never sees either of you because you haven't put him on the birth certificate. The "where's daddy?" Will happen then.
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