Legally Married. Separated for over 4 Years. Gave Birth to Boyfriend's Baby.

Why isn't the boyfriend signing the birth certificate. It's assumed the husband is the father....but if another "Caring father" is signign the birth certificate then I don't see the problem.
L.

Tell boyfriend to let this go. Your husband will get back. Maybe not before you leave the hospital. There is no deadline for filing a birth certificate. Fill out and sign the birth certificate with boyfriend's name. Once husband comes in and signs hospital will send it all in. (Note: hospitals often do not send the certificates to the state much later than the birth. The hospital didn't file my granddaughter's for a month.

Let your husband know that if he doesn't come back and sign he may be asked to pay child support. That seems incentive enough. This really will be OK.

why can't the witness just sign now in the right space on the first form?

I went through this myself, My lawyer told me just long as I got the ex to sign a paper stating he was not the father, in front of a notary, then I was good to go.

Why are you even still legally married?

If your husband doesn't want to be listed as the baby's father then I'm sure he'll get to the hospital to resign the paperwork. It's a pain in the butt however its much easier than having to pay child support for 18 yrs.

4 years? After you get the mistake with the birth cert sorted you should consider a divorce, then things like this won't happen.

As for the rest, he may have to come back in, even if it is not convenient to do so, to fix the mistake.

There are many reason's to stay legally married, none of our business. I was separated from my first husband for years because I just didn't believe in divorce. He found the love of his life and moved in with her and they're still together today. I dated a few people but wasn't looking for anything.

We finally divorced after several years of living separate lives over visitation for our daughter. It was a little messy but not horrible.

I had another friend who lived on family land. She would have gotten half of everything he had if they'd have divorced. So her and her boyfriend lived in one house on the property and him and his girlfriend lived in another house on the property. Their kids loved having mom and dad and all siblings that followed right on their doorstep. They never divorced.

I don't know what the hospital legally has to do. I'd say follow their lead and get hubby in there as soon as possible and have the hospital make a copy of the paper before anyone signs from there. That way if lady makes another mistake you already have another copy for her to sign right.

OR have her AND hubby come at the same time and if she makes a mistake it's fixable right then.

Paternity test.

And check with a lawyer. Friend made sure her divorce was final before the birth of her child because any child born to that marriage (legally speaking ) was presumed her husband's.

If current husband does not want to be listed as father you shouldn't have a problem. Why would he want to be? Then he would have to help support your precious baby that is not his right? Maybe seek help from an attorney through legal aide?? Don't worry though. The dad is the baby's dad.... Mistake on paper or not :) Congrats on your baby!

Good luck!!!

Gamma G., one of the downsides in posting to this wonderful site is that we poke holes.

I, too, wondered why she is not divorced.

That will not prevent my answering her question, but it does raise issues.

In answer to the question, tell husband that he IS listed unless he comes back in to sign. FIND ANOTHER WITNESS besides the one you had! YOU look to see where this witness should sign.

Can the papers and a witness go to the husband? Can the papers be signed by husband in the presences of a notary or does it have to be a hospital witness?

Not sure of the laws in your area.

wait. you've been separated for 4 years and you aren't divorced yet? Something stinks in Denmark. Or are you the boyfriend, Mike??? I'm so confused.

Why is the biological father heart broken? He's basically having an affair with a woman who wants her cake and eat it too...

If the hospital won't change, get a paternity test done to confirm paternity and take it to the hospital and make them change it.

If you are Mike, tell your girlfriend to make a decision. She can't have it both ways. Divorce and be with me or go back to husband. Seems to me all this should have been figured out 3.5 years ago and at least 8 months ago when she found out she was pregnant.