Legal Question in Family Law in Florida

me and my husband are going through a divorce. I have a 2 year old son in which isnt my husbands, my husband is on the birth certificate, only because he put himself on it. I asked him not to be, because i wanted to biological father to be there for his child, and me and the biological father have been friends, he sees his son and helps me with whatever i need for him. My ex husband is fighting me for custody and childsupport, knowing the child isnt his. He is on the birth certificate. My sons biological father is wondering what papers he needs to file to get his name put on the birth certificate. what do we need to do, to make it go smoothly and quickly. Outta the best interest of our son.


Asked on 7/28/09, 1:11 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Get a lawyer. You can't do this on your own. It's much too complex. First, your husband IS the legal father, and it's not because of the birth certificate, it;s just because you're married and you had a child while you were married.

When you get a lawyer, the lawyer will file a petition for dissolution and a count for disestablishment of paternity (depending on your county). At the same time, the lawyer will file a paternity suit against the biological father. Otherwise, your husband will possibly get custody or visitation and pay support.

This has to be done right, so don't do it on your own.

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Answered on 8/03/09, 6:49 pm


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