QUESTION
Why can't the biological father sign the birth certificate if the child mother is married to someone else?
Asked on Apr 29th, 2016 on Family Law - Florida
More details to this question:
My cousin is legally married to someone else and she's been wanting to get divorced from her estranged husband for over 10 years, they haven't lived together since 2001 but he's hard to locate. She has moved on with her life and has 3 kids with her boyfriend, he knows he's the father but at the hospital they were told that as long as she's still legally married her boyfriend can't sign the birth certificate but their kids can carry his last name. Why is that and how can his name be placed on the birth certificate?
1 ANSWER
The hospital is correct. The Husband is presumed to be the legal Father of the children born during the marriage, even if the Wife has not seen the Husband in years. The Husband needs to file for divorce and disestablish paternity of the boyfriend's children. Thereafter, the boyfriend needs to file a petition to establish paternity, being on the birth certificate is not enough.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on May 03rd, 2016 at 6:23 AM