Remo

mummyjonno

Hi everyone. I'm not 100% that this belongs here but if not please feel free to correct me and I will put it in the correct place.

I have a 6 week old daughter who was conceived with my ex boyfriend while myself and husband were seperated. We got back together in the middle of my pregnancy so rightly so my husband's name was placed on her birth certificate.

Anyways to my point. My ex claims my daughter is his but refuses to pay child support for her. He live's in Germany but he's U.S Army so I will be starting the REMO process shortly.

Does anyone know how my husband's name or paturnity testing will make the case more difficult? As I know he'll try and say she's not his and want's a DNA test even though my husband is white (as am I) and my daughter is half cast.

Thanks in advance any advice is greatly appreciated.

clearingout

you are best looking in the child support forum.

You have probably unnecessarily complicated the issue by having your husband's name on the birth certificate - I don't think many would consider this a 'right' move as you suggest. Your child has a right to know who her father is, what her back ground is etc. etc. and denying her this because you've split up, met someone else, got back together isn't really acceptable.

Equally, I believe that the child's father should pay maintenance for her but if you aren't prepared to acknowledge officially who the father is, you can hardly expect it to be plain sailing, can you?

At the very least, you can expect DNA testing - have a look in the child support forum and search if for 'remo' as there is a wealth of knowledge there.

mummyjonno

I simply meant rightly so as my husband. It was my understanding that any child produced during marriage his name would need to be put on there. At least this is what I was informed. My ex wouldn't sign her birth certificate anyway's he refused that too so it would have just said "blank" had it not been my husband's name.

Thank you for the advice it's very much appreciated I shall have a looksy!

sulkisu

You really should see a solicitor.

There is a presumption in law that any child born within a marriage is the biological child of the married couple. However, this presumption can be rebutted by evidence to the contrary, such as a DNA test which proves otherwise. The problem that you have is that it is illegal to knowingly put another's mans name on the birth certificate, even if he is your husband. At this stage, the biological father does not need to pay anything because you have asserted that he is not the father of your child.

Your husband's name needs to be removed from the birth certificate and you will need a DNA test to prove that your ex-boyfriend is the biological father. You can then begin the process of sorting out access and child suport.

FBaby

Offcially, it is an offense to put down a name on a birth certificate knowingly that the person is not the parent. So even though you are married, you have made a false declaration.

How it stands, you can make a claim to csa, it will be up to your ex to decide whether to ask for a dna or not, it will also be up to him to decide whether to fight for the name to be removed or not. Of course, once he is declared as the father, he will have parental rights, some of which could involve requesting access, refusing for your husband to adopt your child and have a say over her health/education etc...

Is it the case that you want your ex involves in his daughter's life, or was your reason to put your husband on the birth certificate that he would take on the role of her father? I think you need to really think about this because expecting your husband to raise her as his daughter, yet only wanting money from your ex is morally questionable, especially when your ex lives abroad and clearly won't be in a position to have regular contact with her daughter.