Qusetion Re: AFFIDAVIT OF PARENTAGE


#1

If your husband is not the father and you have conclusive proof to rebut the presumption that your husband is not the father of the child born during your marriage the certificate should be reissued. If your affidavit and additional evidence is the only evidence presented you will prevail.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

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

ROSEN.COM

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.


#2

Thanks, Erin! Not to risk redundancy here, but I just need to be sure that I DO NOT have to track him down to have him sign some kind of pleading for consent or approval or acknowledgment. I do not, right???

Thanks again ~

quote:
[i]Originally posted by Erin Clarey[/i] [br]If your husband is not the father and you have conclusive proof to rebut the presumption that your husband is not the father of the child born during your marriage the certificate should be reissued. If your affidavit and additional evidence is the only evidence presented you will prevail.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

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

ROSEN.COM

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.



#3

If you can prove he is not the father his consent is not necessary for anything. Best of luck to you!

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

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

ROSEN.COM

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.


#4

The AFFIDAVIT OF PARENTAGE states, in the MOTHER’S AFFIRMATION section, that, “If you were married to someone other than the above-named father at the time you became pregnant or when the child(ren) was born, you must provide additional evidence (e.g., affidavit from your husband or court order) that your husband is not the child(ren)'s father.”

I know that I will not be getting an affidavit from my estranged husband (who is NOT the child’s natural father, but is on the child’s birth cert. as the father) as I do not know where my STBX is. That being said, when a DNA test is provided to the court as “additional evidence”, thereby proving paternity, is there ANYTHING that my estranged husband can do to stop me from correcting the birth cert. by taking his name off, putting the natural father’s name on and changing the child’s surname to that of the natural father? Since there are no other signature areas in this affidavit, can I assume that there is nothing else that needs to be done, that it’s a “done deal” and that the STBX has NO FURTHER LEGAL claim or holding on the child?