Wife wants baby left out of divorce

My wife and I have a 6 month old daughter together. We have been seperated(not legally) for a year now, and I left her because she was possibly having an affair while we were together. I was not completely sure that my daughter was mine until I had paternity tests done when she was born. While my wife and I were split up, she started dating a guy who she put on my daughter's birth cetificate as the father. I suspect that she was seeing him before she was even pregnate. I've been seeing my daughter every other weekend since she has been born. My wife had me sign divorce papers that left my daughter out of the divorce. She basically threatened me with not changing my daughters last name to mine if I didn't sign the papers. She also said that my daughter would lose her state health care and wic if she were in the divorce. I signed the papers , and my wife filed them, and now we have a court date. Now I am thinking that signing the papers was a huge mistake. I'm thinking about calling the court and telling someone that there is a baby involved in the divorce and that I was basically blackmailed and or misinformed when I signed the papers. I was also considering just going to the scheduled court date and telling them in person what happened. I really need some advice. I was wondering what would be the best move for me to make, and do you think I should get a lawyer for the court date?

You certainly can tell the court you want your name listed the father of the child.

The court will order that done if there is proof you are the father.

...is that all you want or what else are you needing done...

During another of her threats, you might want to inform her that she has committed fraud by knowingly placing someone who was not the father on the birth certificate, especially if that man did not consent to it, as well as sign an Acknowledgement of Paternity.

By law, since you are still legally married, your name should have gone on the birth certificate. Even at that, the birth certificate needs to be amended now that paternity by DNA has been established.

You need to consult with an attorney, and quickly.

[BamaBrownEyes1985]

i would not plan on going in court and trying to say anything that day....in my experience they won't hear anything that is not already been brought up before court.....i would def. get a lawyer!

I would strongly suggest you hire an attorney.

As a product of the marriage, that baby was automatically legally yours unless and until someone *else* came forward. Your name belongs on the childs birth certificate and you deserve all the rights and responsibilities that come with being her parent.

I'm going through a simular case like you are. But my wife is living with this guy that is getting paid at a job under the table and he is listed as the man of the family and is getting medical insurance under my wife and baby's state health care and WIC case as the father! How can he get away with that? Does'nt the state check that kind of stuff? He is'nt even the baby's father! But like you he is on the baby's birth cirtifacate as the baby's father. And he is on the birth citifacate with his consent. Can anyone please give me some information about this? I would really appreciate some advice about this situation.

[130smartchick]

Quite frankly, the man's name on the bc is of NO consequence as to the child's father.

The rundown - for ALL 50 states:
If a woman is married, the man she is married to is the child's legal father - even if he's been deployed overseas for the last two years. If another man wishes to be named the bio father - he must request and be granted dna testing. He will then likely be able to obtain all the rights and responsibilities to his child. *Likely* It depends. On the judge, the juridiction, and how old the child is at the time.

If a woman is unmarried, there is no father. I don't care if you've been shacking up, playing house, or whatever, until a man either signs a voluntary acknowledgement of paternity (stating he is the father without dna) or has dna testing done, no one has any rights or responsibilities to that child but mom.

This can come back to bite you if mom and dad live together, maybe even marry later, but never legitimize the child. Dad dies. Child is not entitled to SS benefits from him bc he's not the dad.

Offtrack.

Dad, you MUST get that child in that divorce decree.

Don't let mom's threats and lies scare you away from YOUR child.

She could come back 10 years from now and get child support ordered with 10 years of arrears.

It WILL bite you.

thank you all for the helpful input. I'm going to be calling lawyers tomorrow

Excellent. Post back and give us an update.