Legal Question in Family Law in North Carolina

I was married however legally seperated when I birth my son. I was told I was told I would have to either not answer or put my husbands' name who was not the child's father on the birth certificate because I was married. My question is my ex husband acknowledged AFTERWARDS in our divorce proceedings that my child was not his in our divorce decree. My husband the childs' father wants to now put his name on our childs' birth certificate and change his last name to ours. HOw do we go about this without having to pay out of pocket for paternity testing BEING THAT all parties know whom my child's father is AND my husband acknowledging that he and I had no children together in our divorce decree? Adoption?

Asked on 3/08/12, 12:16 pm

1 Answer from Attorneys

The last name could and should have been the actual fathers at the time. You did not indicate if the father was refused or listed as your husbands at the time of birth. If the father was listed as refused, then it is a simple process of legitimating the child and changing the birth certificate. If you totally screwed up and listed your husband at the time as the father, then you need an attorney to fix that giant mistake.

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Answered on 3/14/12, 8:51 pm

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