Palm Coast, FL asked in Family Law and Child Custody for Florida

Q: How do I get my husbands name on our daughters birth certificate. When she was born I was maried to someone else?

I was married and my now ex husband would not give me a divorce. So I moved out and on. I got engaged and had a child with my now husband. However his name was not allowed on her birth certificate because I was married to someone else. Marlee is 17 and wants her birth certificate corrected. She was born in Poughkeepsie NY and they said I would have to fix it in FLORIDA.

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2 Lawyer Answers
Rand Scott Lieber
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Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: It is possible that you could bring a paternity action in Florida and ask for the BC to be corrected. You should speak with a local family law attorney about your options.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Reason: If you were in Florida the day your daughter was born the State of Florida acquired jurisdiction over her through your Florida marriage; all children born during a marriage are presumed to be children of that marriage.

That is why you will have to correct this problem in the Florida courts.

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