Legal Question in Family Law in Florida
Removing father's name from birth certificate
I am an E5 in the US Army and I married an E4 in the Army who was 7 months pregnant with her son. I know legally that I am the father, by marriage, but 5 months later she wants a divorce. If she agrees to taking my name off the birth certificate (because of harrassment and criminal activity by her father into my life and my family's lives) and I agree to it on the Marital Settlement Agreement, will that be good enough to get my name removed from the birth certificate and get that whole family out of my life for good? Or will they come back in a year when they run out of money and try to get child support from me?
I love the child and if they're going to try and screw me into staying around this family, I want to fight for full custody or at least a big part of his life. I either want out completely or I want to be a part of his life, not just sitting on the sidelines.
Also, does there have to be a father's name on the birth certificate? She was sexually active with three different guys around the time the baby was conceived (something I found out after she filed for divorce) and she's not even sure who the real father is. This was in Iraq, so there's no way she could track down all the one-night stands. What are my chances?
2 Answers from Attorneys
Re: Removing father's name from birth certificate
if you are the father, a court will not enforce such an agreement. The interests of the child come first.
Re: Removing father's name from birth certificate
Your spouses unpleasant family is not ground's for releasing you from your obligations as a parent. I don't know about Florida law, and I am not sure, where you are or your spouse live and I don't know where the child was conceived, and I don't know where you anticipate filing for the divorce. But assuming that divorce is filed in Washington, you may assert that you are not the father of the child and reserve that issue pending the birth of the child. There does not have to be a father's name on the birth certificate, but if there is, it can be changed. If you are the father, you and your spouse can not just sign an agreement that allows you to walk away. The court would reject the agreement, and even if it did not notice it and it slipped by, she (or the state) may come along later and file a paternity action. About 1/3 of my practice is in Pierce County. I give a military discount.
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