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How do I remove my husband's name from my son's birth certificate as presumed father if I don't know where my husband is?

Weymouth, MA |
Filed under: Divorce

My husband and I married in Texas and then split up less than a year after and then I moved by myself to massachusetts. We both had agreed to get an annulment, I signed the papers and sent them back to him but he decided not to file them and not to speak to me ever again. He changed his phone number and moved. I moved on with my life and had a child with the man I'm currently with, but my son's father can't have his name on the birth certificate because I'm still married. I don't know how to get my husband's name removed as presumed father or file for divorce since I have no idea where he is. What should I do?

Attorney Answers 3

Posted

There is a way to get a divorce with service by publication. The court will require that you serve him by publishing in a local newspaper in circulation where he was last residing. Talk to an attorney and good luck.

The content of this message does not constitute legal advice and is not intended to be relied upon by anyone. It is highly recommended that the reader seek the opinion of a qualified attorney in his or her area for consultation and assistance. There are applicable statute of limitations and other considerations that only a qualified attorney can provide guidance on after being fully informed as to all of the circumstance of your particular case.

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Posted

sorry you have had such a difficult few years. You can proceed in a divorce by publication. Good luck and take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

You really need to split your question into two parts.

The first is how to remove your husband’s name from the birth certificate and replace it with the name of the biological father. Here in Massachusetts that would be done with an affidavit of non-paternity from your husband and a voluntary acknowledgment of paternity by the biological father. Texas, however, may have different rules and you should pose your question on correcting the birth certificate as a Texas legal question since that is where I assume the child was born. If the child was born in Massachusetts please refer to the links below.

The alternative to correcting the birth certificate, if Texas law is prohibitively cumbersome, may be to have biological father adopt the child.

The second part of your question regarding divorce has already been answered by previous attorneys — divorce by publication.

http://www.mass.gov/Eeohhs2/docs/dph/vital_records/news_dec03.pdf

http://www.hampshireprobate.com/Court%20Forms/FormMAX/Paternity/Affidavit%20of%20Nonpaternity.pdf

http://www.masslegalhelp.org/children-and-families/forms/voluntary-acknowledgement-of-parentage.pdf

This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

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