I think any action you may need would have to involve the biological father, if you want a new birth certificate issued without your stbx’s name on it.


I don’t think that it will have a lot to do with the current custody situation. If you have them now and there is no dispute between you then I suggest seeing an attorney and getting the current custody situation agreed to by the stbx. If your ex is not concerned with visitations then have the attorney put into the agreement that you have primary custody with him having visitations. You can put in specifics on the visitations such as meeting you half way or how often. Or you can leave it vague such as “liberal visitations to be agreed on by the parents”. That’s a little more difficult though if problems come up later…
As bluehorse suggests I think that any action would have to involve the biological father. I’m not sure of the process, maybe someone else can answer that…


If your Husband has acknowledged this child and his name is on the birth certificate then he has rights to exercise visitation with this child. If he has no interest in the child the biological father could file a petition for legitimation.

This should not affect the custody of your other children, it may have an impact on alimony if alimony is an issue in your case.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


I was at the dr with one of my children. I had asked to see my youngest records to make sure things were all in there. I got to see them. Well it came to my attention that her blood type is different than my STBX and I’s. I asked them why this was? They said when the child was born that blood work was done. (Yes i did cheat after my STBX did. Make a long story short. I felt empty, betrayed, destroyed, and not wanted by my STBX and encountered a mistake with a good friend) Anyhow I knew i had a feeling when our child was born that he may not be my STBX. I talked with them and they said it didn’t matter that since we were still married he had to be put down as the father. Confused here??? I cried and cried. Well he doesn’t have much of anything with the child. He made it clear that he doesnt have the same feelings as he does with the other children. Anyhow I want a DNA done but the state won’t do it. They said that since he is on the birth certificate that by law he is the father. I do know for a fact that the child is not his.

What happens also with the divorce? I don’t want to lose my other children because of this. Does this have anything to do with custody? I have had temp custody and he hasn’t seen them. He lives in the different state. I stayed here. I am really at lost with all this. What do i do?