changing birth certificate - Florida

[Mom1Step2]

DH just picked up kids from spring break visitation with BM...


She had YSD (11 yo) tested for paternity with some guy she claims is the BF. I do not know who administered the test.


I do know that some tests are admissible and some are not. I also know that cases have been won by fathers that have raised the kids even though they were not BF.


My question is: can she change the birth certificate without a court order?


She told DH at pick up that she will have the results on Wednesday & she plans to then change the birth certificate immediately before court (mid April).


Back ground: DH has school, EOW, & EOH. BM has summer, EOW, EOH, & all school breaks. This has been in place for 6.5 years.  Everyone lives in the same county in FL.


Thanks!

[Kitty C.]

If they share legal custody, BM canNOT change the birth certificate without signed consent of the father.  Check your state law about it, but that's pretty standard in every state, I believe.

[ocean]

In NY it is BOTH parents signatures even with sole custody. You would be notified with a court hearing to change it, it has to be posted in a newspaper for a certain amount of time, and if no one comes forward then a judge signs final/new birth certificate.

Go see a lawyer this week and find out your legal options if he is found not to be the father. First re-test with court appointed lab, then see if/how she can get full custody or be able to take away visitation. Since there are siblings that should help him keep some sort of visitation. Poor kid...

[sillystring]

I have a hard time seeing a judge changing custody after 11 years, especially if your husband still wants it even if she ends up not being his.

I would keep my eye on the court calendar though if I were you to make sure she doesn't try to sneak it past you. I know here in GA, we can look it up online.

[neutron11]

yes, my first reaction would be to test child just for piece of mind. If result is your DH is not biological father, go to lawyer immediately and see what your options are. I highly doubt child will be removed from the only father she has ever known but it's better to be pro-active in these cases.

[Mom1Step2]

She got the results today...
YSD is not DH's. We dont have the proof in hand yet but...
BM left message on DH's phone: "Start packing her S***, she isnt yours"
When he spoke with BM later she said she was going to call the sherriffs office & have someone come with her to pick up YSD. So far no pick up, probably told her she was nuts.
Tough stuff, ya know?

[ocean]

Breathe...did you call any lawyers? She has to change custody and that will take months to get into court and get to a trial. Bio parents have the law on their side BUT child was not in her care for a reason. Is the bio dad going to come forward?
Poor kid, is she in counseling ? How is she coping?
Call her school, make them on full alert that no one is to pick her up. Give them another set of court orders, have all front office staff made aware. Talk to principal.

[Mom1Step2]

No, we havent called any lawyers. We have a court date in mid April already set.
YSD is happy & smug. She has wanted to leave us for some time. BM has been working on her to hate us for some time. BF is happy to have a new daughter.
Right now we plan to stay on our current course & accept whatever the court hands out. We have a good case minus the paternity issue, so you never know.
OSD is having a more difficult time with it & has asked to go back to counseling, which we plan on.

[CrenshawClark]

I have no advice for you...only empathy... I am so sorry.. I can not imagine how you husband is feeling. YSD needs to be talking to a theripist or a counciler... New Daddy at 11, even if YSD thinks that is what she wants, will have dramatic effects on her emotionally... please, no matter how hard YSD and BM make it for you, do everything you can to make sure YSD gets help coping with all this.....