Legal Question in Family Law in Florida

birth mother added another man's name?

my husband has a 5 yo son and is

not listed on his birth cert. the birth

mother recently got married and we

have reason to believe she put her

husband's name on the birth

certificate, knowing he isn't the

father (we have documented proof).

is this legal? and if not, what can we

do? the child was born in Florida,

they now live in Ohio, we are in

California.


Asked on 8/05/07, 3:04 am

2 Answers from Attorneys

Re: birth mother added another man's name?

In Florida, when the mother is married at the time of birth, the husband is the legal father of the child. Whether this was the case or she married him after the birth, your husband can petition to determine paternity. A if the couple wasn't married at the time of birth, it should be a relatively easy process. If they were, your husband will have to convince the court that doing a paternity test is in the best interest of the child because the husband is already assumed to be the child's father and the courts do not like to disturb the status quo. But either way, he can certainly petition for paternity.

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Answered on 8/06/07, 8:54 am
Scott R. Jay Law Offices of Scott R. Jay

Re: birth mother added another man's name?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Under Florida law, your husband could have filed for Determination of Paternity with required DNA testing. Since none of the parties live in Florida at this time, I do not think that Florida will have jurisdiction anymore, but rather the State of Ohio is the most likely place for any litigation or determination of your husband's legal rights as a father.

Scott R. Jay, Esq.

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Answered on 8/05/07, 6:31 pm


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