Louisiana birth certificate

Previous | Next
 rated by 0 users
Latest post 09-10-2010 3:04 PM by Paddywakk. 15 replies.
  • 01-05-2010 3:27 PM

    • Sadie72
      Consumer
    • Not Ranked
    • Joined on 01-05-2010
    • LA
    • Posts 5

    Louisiana birth certificate

    I have a six month old daughter with my boyfriend, but I am not allowed to put his name on her birth certificate because I am still legally married to someone else. My problem is that I have been in hiding from my husband for almost five years and I cannot communicate with him to have him sign the papers granting paternity to my boyfriend. I have reason to believe that if my husband found out where I am and if he found out that I have a new family it would put all of us at risk. He is a very dangerous individual and contacting him is not an option for me.

     

    So the state is telling me I have no choice but to put this monster's name on the birth certificate and that her last name has to be his last name, but they also said I could "change it later." However, they are being very vague about what I would need to do in order to change it. They said I might need an attorney, I might have to go through Vital Records, there might be a fee, there might be a notary needed...the list of "mights" goes on and on and, in the end, nobody will give me a straight answer about how to correct this. Nobody knows anything about the legal process I would need to go through; they just keep telling me it's possible.

     

    For the record, my boyfriend knows beyond a shadow of a doubt that he is the father and is willing to do whatever it takes to prove it. This law is just ridiculous. It affords rights to a man I have been hiding from for years and gives no protection whatsoever to the rightful father.

     

    If anybody knows anything about the procedure that I am going to have to go through I would be very grateful for your insight.

     

  • 01-05-2010 4:36 PM In reply to

    Re: Louisiana birth certificate

    Consult an attorney.

    Your boyfriend is probably going to have to take a DNA test to prove paternity.

    But only an attorney is going to be able to advise you about getting him on the birth certificate.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-05-2010 8:15 PM In reply to

    Re: Louisiana birth certificate

    You need to be consulting an attorney about a divorce. He should also be able to advice you on this matter.

     

  • 01-05-2010 9:46 PM In reply to

    • Sadie72
      Consumer
    • Not Ranked
    • Joined on 01-05-2010
    • LA
    • Posts 5

    Re: Louisiana birth certificate

    I spent the better part of today on the phone with the state in addition to calling around to local attorney's offices trying to get some insight. The state has no clue. All they keep telling me is that I can change it. However, they offer no guidance as to how or what my first step should be. The attorney's in my area have told me everything from "this is not a family law issue" to "pay me $250 for a consultation and I will then decide if I want to take the case." I am sincerely stuck between a rock and a hard place here. I have one attorney who may (and I stress MAY) be calling me back tomorrow. If he doesn't, I am helpless.

  • 01-06-2010 12:24 PM In reply to

    Re: Louisiana birth certificate

    I suspect that attorney is not the only one in the state of Louisiana, so you are certainly not helpless.

    You seem intent on ignoring the obvious - you need to file for divorce. You can addressthe paternity issue in the divorce.

  • 01-06-2010 12:40 PM In reply to

    • Sadie72
      Consumer
    • Not Ranked
    • Joined on 01-05-2010
    • LA
    • Posts 5

    Re: Louisiana birth certificate

    I have been reading around this forum and have seen some of your other recent posts and I am having a hard time understanding why you are coming off so rude to people seeking some input.

     

    I am NOT intent on ignoring the obvious and I did NOT call only one attorney - I called many. In addition, the paternity issue CANNOT be addressed in the divorce due to the way the state law is laid out. If I got divorced today, it would not change the paternity problem. In Louisiana, one thing has nothing to do with the other.

     

    I was under the impression that this forum was a place for people in need of some insight to come to get friendly, helpful advice from others. That is obviously not the case as you seem intent on talking to people as though they are stupid.

     

    If anyone else has some valid information on this subject I would be glad to hear it.

  • 01-06-2010 12:49 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,585

    Re: Louisiana birth certificate

    You are ignoring the obvious--youneed good counsel and you need a divorce.

     

    In most states there is a presumption that any child born during a marriage is the product of the husband--dates back to old laws designed to protect kids from being throw out as bastards.  But LA can be a bit of an oddball and you need LA specific input.

    In some states  Husband needs to dispute paterntity in some rather short time and if he fails to do so it creates cast in concrete presumption that kid is his even if you have 101 lbs of DNA to the contrary and proof of anothers DNA to shwo who is Dad.

    Now one way to get Husbands attention is to seek CS from him for a kid that is not his--sure to kick him into gear

    You are long overdue to go get some good counsel!

     

    Sorry--but lots of law is developed around  rights/duties of the husband and more recently to the  wife and to children --and the  sperm donor participant in adultry may have fewer rights than you think!



  • 01-06-2010 12:53 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,585

    Re: Louisiana birth certificate

    And the presence of a minor child as produce during time of marriage may mess up a clean sort of no fault LA divorce on grounds of long term separation w or w/o covenant of marriage.



  • 01-06-2010 12:59 PM In reply to

    Re: Louisiana birth certificate

    I am not a lawyer.

    I know probably as much as any other average person about the law. One piece of trivia I do know is that Louisiana law is way different from law in the other 49 states. I believe (but am not sure) that is due to Louisiana's history with Napoleonic civil law as opposed to English common law.

    I certainly invite correction on this.

    The bottom line is that the divorce should have happened a long time ago. Had you been divorced when you baby was conceived or born, there would be no problems now. By procrastinating the divorce, you have dug an even deeper hole. The problem will multiply if you have more children in the future.

    The baby deserves a proper birth certificate with the real bio-father's name. I entirely support this effort.

    My best suggestion would be to do everything you can to find a lawyer in Louisiana who can assist you with the divorce and with an amended birth certificate. You need to find out if your current location can be hidden from your violent husband in the divorce papers. This might mean you use your lawyer's address as your mailing address. I don't know if that is possible, but your lawyer (once you have one) will be able to address that issue.

    You may have to just dial the phone until you find a lawyer who is willing to consult with you and lay out the steps you need to take to get out of this mess.

  • 01-06-2010 1:19 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,585

    Re: Louisiana birth certificate

    You took 5 plus years making this mess and you avoided doing it right and made it worse--it may take a good number of billable hours to straighten it  out --and the attorney who gets it sorted out deserves to be paid for his or her time--but teh way the pro who has done it 15 times before for similar problems who charges $300/hr may be less expensive than the greener lawyer who only charges $200/hr but doesn't know the ropes--cheaper may not be better nor expenseive better either--so ask question before you sign on dotted line.



  • 01-06-2010 1:38 PM In reply to

    • Sadie72
      Consumer
    • Not Ranked
    • Joined on 01-05-2010
    • LA
    • Posts 5

    Re: Louisiana birth certificate

    I appreciate your input. Thank you. I have once again been calling and calling today trying to find someone who will take this case. I'm staying optimistic that something will pan out soon.

     

    Oh, and Drew, while I appreciate your advice, the suggestion that I "took five plus years making this mess and avoided doing it right" is based on the fact that I was trying to save my life. At the time that I fled, someone had been hired to kill me. It would seem to me that protecting one's life is a basic human instinct and that avoiding my husband at all cost would make sense to anybody who has ever been in that situation.

  • 01-06-2010 1:50 PM In reply to

    Re: Louisiana birth certificate

    IMO, if you file for CS with the state claiming EX is the father, when you know he is not, may constitute fraud.

  • 03-15-2010 6:51 PM In reply to

    • sariee
      Consumer
    • Not Ranked
    • Joined on 03-15-2010
    • LA
    • Posts 1

    Re: Louisiana birth certificate

    I think this site would help explain some of the Louisiana issues that you are dealing with.  What you need to do immediately is to get the true father to do an  Acknowle... of Paternity Affidavit.  It would have been better if he could have done it while you were still in the hospital.  But I do know that if you wait too long, you will have to do the 3 party acknowledgment with the father and your husband. 

    If you take care of it now, all you have to do is a disavowment I believe.  Call the vital records department and they can tell you what to do.

    http://www.dhh.louisia...

     

  • 09-10-2010 1:35 PM In reply to

    Re: Louisiana birth certificate

    My daughter was fortunate enough to get her divorce granted just 3 days before her son was born, the father being another man not her husband. But she also has a daughter by this same man but was married to her husband at the time of her daughter's birth. Her husband signed the birth certificate and DNA has proven he is not the bio father but because of Louisiana laws he is the legal father. The problem we are having is, the ex-husbands mother and I share joint custody of the 6 year old daughter and have been involved in a custody disput for 4 years now, the court has given her domicile custody meaning her main residence is in the "other grandmothers" home and DNA has proven she is not blood related to the child. I will add that she is in her 70's and not in the best of health to take care of MY 6 year old granddaughter, while I am in my 40's and quite capable of raising her. I don't have any answers but will be lobbying hard along with my family to get the Louisiana napoleonic laws changed, It is time for Louisiana to get with the times.

  • 09-10-2010 2:22 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,585

    Re: Louisiana birth certificate

    The Napoleonic code which came down from the Romans may be better than law which came from our English ancestors --it took the English until fine print in Magna Carta to stop allowing sons to merely toss Mom out of the house when Dad died I think the Magna Carta quarantine provision gave son 90 days ... .  



Page 1 of 2 (16 items) 1 2 Next > | RSS

My Community

Community Membership New Users: Search Community