QUESTION
Can I have my husband's rights removed and the biological dad added on my daughter's birth certificate?
Asked on Oct 24th, 2013 on Child Custody - Missouri
More details to this question:
I have a 3 year old daughter that I am raising alone. I am currently married with a divorce pending. My husband signed my daughter's birth certificate but at 2 months of age walked out of her life and hasn't seen her since. It was proved through a non legal blood test he was not her father at 3 months old. Her biological dad got in her life at 3 months and has been in her life since. He pays no support and we do not have anything through the courts. I would like to have my husband's rights removed and her biological dad added to her birth certificate and have a custody arrangement and support worked out through the court. Can this be done? We are pending divorce till December 2013.
2 ANSWERS
William M Stoddard
No. As long as you are married, the child is presumed to be his. In the dissolution action you can ask the court to find the child is not his, and if the other man is willing to put his name on the birth certificate with the court's order than can be accomplished, but this is highly unusual and you will have to be persistent and have full cooperation of all concerned, and you will have to get your married ended. If you do not wish to do this, then it cannot be done.
Answered on Oct 28th, 2013 at 10:48 PM
Yes, you can rebut the presumption of paternity that your husband has. But, some states may have time limits regarding how long you can wait after the child's birth.
Answered on Oct 24th, 2013 at 9:30 PM