My husband is in the Marines. Upon his first marriage his wife committed adultery and fled to her home state of Hawaii ( she was just a few weeks pregnant with their baby) to be with another man who was in the Navy. Because they were still married at the time, she used his military health insurance for all prenatal care of their baby in Hawaii and she kept her last name as his. The baby was born before they were officially divorced and she had their baby at Tripler hospital in Hawaii with the other man she committed adultery with. When she filled out the birth certificate she put father 'unknown' to make it harder for my husband to claim paternity on their son. Please keep in mind that his now ex wife did all this with mal intent. She pretty much disappeared during her pregnancy so my husband could not find her or the status of her pregnancy-he was also deployed for a portion of it. My husband has since initiated the paternity test to prove he is the father and taken his ex wife to court so that he can share custody and be a part of his sons life whom he loves tremendously. He is still in CA (where he is based) and his ex wife, the other man and their son live in Hawaii. By law isn't it illegal and fraudulent to be able to put father 'unknown' on a birth certificate when you are still married? She did it on purpose, but isn't the hospital neglectful as well for not double checking? I mean she gave birth at a military hospital under her sponsors insurance for goodness sakes! can we press any charges against her? She also put her maiden name for their sons last name without the consent of my husband to be even more cruel. Anything we can do to help our custody case? This has been ongoing for a year now. Because of her manipulation of the system it has been very difficult for my husband to get full custody of their (our) son. My husband will never give up fighting for his rights as a father and hopefully one day get full custody of him. We have since reported his ex wife for welfare fraud and HSMA fraud because of her continual manipulation of the systems using their sons name! We also did a background check on her and found out she has several civil actions against her for unpaid debts! As you can tell this is a lengthy and in depth situation/ custody battle. She has also given up custody rights to another child of hers few years back. The court hearings are tough because the judge favors the mother/child bond, yet will not take the time to hdar the background story of what she has done that has led up to this terrible situation.I tried to sum up as much as possible. My husband happily pays child support as well. We go back to court in Hawaii Sep 8th. (we live in CA)
Category: Paternity » Birth Certif... |
State: Hawaii |
Hawaii statues do not prevent a mother from stating unknown as the father's identity on a birth certificate. Whether or not that is prohibited will be determined by the regulations of the vital records department. To obtain a copy of the rules, you may try contacting them at (808) 586-4533. Generally, a husband is presumed to be the father of a child unless that presumption is rebutted. If the rules prohibit listing unknown as the father's identity when the mother is married, you may have to prove that a paternity lawsuit would not have occurred if the husband was named.
It is possible to claim paternity fraud was committed, but courts are divided on the issue of paternity fraud. It will be a matter of subjective determination for the court based on all the facts involved. A paternity action for the purpose of declaring the existence of the presumed father and child relationship may be brought within a reasonable time after obtaining knowledge of relevant facts, as it appears has been done.
We are prohibited from giving legal advice, as this service provides information of a general legal nature. We suggest you contact an attorney in HI who can review all the facts and documents involved.
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