Don't want to pay an arm and leg for some info...

kford · #1 06-02-2010, 05:49 PM

My husband and I were still legally married when my twins were born even though they were not biologically his we put his name on their birth certificates. He and I are now legally divorced and he doesn't want anything to do with them and wants off the bc and wants to rights etc. Their biological father is involved in their lives and would like to be on the bc. Since both parties agree and everything can I get this done without it being pricey and/or drug out???

aardvarc · #2 06-02-2010, 06:13 PM

Since children born while you're married are considered children of the marriage, the father will need to step up, file a paternity suit, and be legally established as the father through the courts. This will allow the birth certificates to be changed, and in a typical process, will legally both make him responsible for child support and grant him some level of visitation/custody and will have the effect of making your ex a legal stranger to the children. But the courts typically will NOT let your ex out of the picture until there is someone ELSE to be a second parent to the children if you get hit by a bus.

kford · #3 06-02-2010, 06:27 PM

So he has to go to a lawyer? Do they have to be DNA'd and all that even though he knows/I know they are his? And will that get him on the birth certificate and I can change their last name to his?

kford · #4 06-02-2010, 06:56 PM

Can I just petition the court or do it thru child support or something? The lawyer I talked to said 1500 to take care of it and about 6 months, I don't think it should be that expensive or time consuming since all parties agree to everything etc...

aardvarc · #5 06-02-2010, 08:25 PM

It has to go through the courts - one of you needs to file a paternity action. Technically, no, neither of you MUST use an attorney....but doing so with the help of an attorney can help things so much faster and much more smoothly. Doing it without one can not only take many months longer, but can also create LOTS of problems that can come back to haunt you (or him) later. If your ex wants out of the situation, you can always ask for money towards the attorney to make the process go faster.

Yes, the court will demand DNA testing, no matter who knows what. The court knows that you were married and now you're saying someone other than your husband should be the name on the birth certificate. That means you cheated while married and that means credibility problems - so the court isn't going to mess around with the possibility of playing musical fathers and will settle the matter via DNA testing to close the issue once and for all (it's the only way for the court to guarantee that there aren't MORE potential fathers in the wings). Once paternity is established, then the court's order will amend the birth certificate and can allow for a name change (to your maiden name, or the father's last name, or a hypenated last name, etc. - it doesn't necessarily HAVE to be to the father's last name or his name only). See if you and the father can come to an agreement on the name issue - if you can't, the father can cause additional delays by challenging the issue back before the court.

moderator · #6 06-03-2010, 04:35 PM

I have to agree with aardvarc on this one. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

See also: http://resources.lawinfo.com/en/Free...Law/index.html