Dunnellon, FL asked in Divorce, Family Law and Child Custody for Florida

Q: Can I remove husband off of daughter's birth certificate if he is not the biological father?

I became pregnant with my daughter during the time my boyfriend and I were separated. It was a one time and I do not know the father. The boyfriend and I did keep seeing each other and when I found out I was pregnant I told him and I moved back in with him at 6 months pregnant.

We were unmarried when she was born but he is on the birth certificate and signed the affidavit of Paternity. We got married 3 months after that. Unfortunately, things have gone south since then (he has depression, bipolar disorder & hospitalized for suicidal thoughts). Because of the comments he & his mother have made about having gotten pregnant while not together, I did a secret DNA test and it concluded he is not the father. Now that he is asking for divorce, what can I do legally to remove him from the birth certificate? I am concerned also w/his mental state & ability to care for her. He has indicated he plans to move in with his mother and have her care for her.

2 Lawyer Answers
Tami Lane Augen
Tami Lane Augen
Answered
  • Divorce Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: You cannot do anything. He is the legal father and the law is relatively complex in this regard. He has the right to maintain his status as the legal father and your child has the right to maintain her status of legitimacy. In terms of a timesharing schedule and parenting plan if/when you do proceed with a divorce, the issues that you describe may come into play.

Cheryl Fletcher agrees with this answer

Cheryl Fletcher
Cheryl Fletcher
PREMIUM
Answered
  • Divorce Lawyer
  • Palm Beach Gardens, FL
  • Licensed in Florida

A: You are asking a question regarding disestablishment of paternity. Only men are allowed to disestablish paternity. Fla. Stat. section 742. 18. When you file for a divorce, your husband can file a separate count to disestablish his paternity but the judge is unlikely to grant it unless the biological father is willing in step into his place. The court is not going to leave the child without a legal father because that is not in the child's best interests.

Best,

Cheryl Fletcher, Esq.

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