How do I get my ex-husband, my daughter’s legal father, to give up his rights so that her biological father becomes liable for child support?

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How do I get my ex-husband, my daughter’s legal father, to give up his rights so that her biological father becomes liable for child support?

Also, how do I get her real father’s name on her birth certificate as there is no name listed for the father? What forms do I need and where do I file? I was married and divorced in MN and my daughter was born in MN; I now live in ND. In the past my ex-husband has refused to give up his “legal” right (only legal because we were still legally married) but now we are separated and filing for divorce.

Asked on February 5, 2011 under Family Law, North Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, so wait: he never legally adopted her, am I correct?  He assumed the role of her father once you were married by supporting her, etc.?  And now he does not want to continue paying support or you just want to establish paternity with her biological father? If your soon to be ex husband wants to establish that he is NOT the Father so that he will not be liable for child support then he will probably ask for a paternity test.  If he does not then you should.  But then you have to establish paternity with her biological Father and that would be bringing another proceeding outside of the one with your husband.  You would probably bring that action in your local Family Court.  Good luck to you.  


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