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Holly2234

If a father signs the birth certificate of a child in the UK, is he seen as the legal father?

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This question probably doesnt belong anywhere on this forum but somebody may know!

My daughter was born on March 4th 2011. She was born in Nottingham England and her father and I were both on the birth certificate. Her father (USC) and i (British Citizen) married on July 1st 2011. Her birth certificate was amended to show my married name. (I still have both copies).

We now live in the US and divorce proceedings began in November 2013. I chose to deviate on the child support rules which i am entitled to do. I do not want child support. But the judge doing the divorce decided to send it to court to double check i wasnt being mistreated (fair enough). When i got there yesterday, March 10th 2014, the judge (a different one from the divorce) said that paternity had not been established. Even though her father swore in the US embassy in London that he was to gain her citizenship, he did the same in the court house here in New York when the custody agreement was established and he said to the judge that he has no question about her being his child.

Basically, in the end after a lot of ####### talk from a judge who had no idea what he was doing since i appear to be the first foreign person he has seen in his small town joke of a court room, he asked me to provide a copy of a British law stating that a father signing the birth certificate is admitting that he is the parent.

And all of this basically equals out to "Please prove that he is the father so that you can deny child support from him". Sensible right?!

Anyway, my question is, does anybody have any links that could show this or explain it further to a judge who has no clue about anything other than what is under his nose in "normal" cases?

I have also looked into the DNA test route but New York has some awkward rules about it and it has to be ordered by the judge, which it was not, or a physician, which it will not be.

CR-1
07-01-2011 : Married

05-10-2012 : I-130 Mailed to London (DCF)
05-11-2012 : I-130 Delivered and signed for at Embassy
05-18-2012 : NOA1 Email
07-26-2012 : NOA2 (69 days)
07-28-2012 : NOA2 hard copy received
08-10-2012 : LND Case number received. Letter dated 08-07-2012
08-15-2012 : DS-230 and DS-2001 mailed to Embassy
08-23-2012 : Medical
09-14-2012 : Emailed Embassy and confirmed DS forms have finally been logged (After 29 days)
09-22-2012 : Interview letter received. Dated September 19th.
10-03-2012 : Interview - Approved!
NOA1 to Interview - 138 days.
10-10-2012 : Passport with Visa delivered two hours late at 8pm.
10-22-2012 : POE Philadelphia
11-15-2012 : Green Card received in mail
12-11-2012 : Went to the Social Security office to apply for SSN after it did not arrive.
12-15-2012 : SSN Arrived in 4 days.

05-09-2013 : Left USC Husband.
11-28-2013: Filed for divorce.

05-01-2014: Divorced

05-08-2014: Sent I-751 petition to VSC

05-13-2014: NOA1 (was not postmarked until 5/22/14 and received on 5/24/14)
06-18-2014: Biometrics in St. Albans, VT

11-21-2014: RFE. Received on 11/24/14.

01-22-2015: Interview notice mailed out. Received 1/26/15

02-12-2015: Interview in St Albans, VT - Approved during interview!

CRBA
08-16-2012 : CRBA in London for our daughter - Approved!
09-11-2012 : CRBA and Passport arrived.
09-25-2012 : SSN Arrived. Mailed from MD on 09-17-2012

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Our journey started long before the NOA1 - read about it here.


Timeline:

June 2001 - Met

October 13, 2006 - Married

December 26, 2006 - Moved to the UK

June 26, 2013 - DOMA struck down as unconstitutional

August 05, 2013 - Lawyers sent I-130 to US-based service center

August 07, 2013 - NOA 1 from NBC

January 2014 - Contacted US Embassy in London, decided to file through DCF, fired lawyers

January 26, 2014 - Withdrawal letter mailed to NBC

February 01, 2014 - New I-130 filed with London Embassy, waiting on withdrawal of 1st I-130

February 05, 2014 - First I-130 transferred

February 10, 2014 - Second Withdrawal letter mailed, faxed & emailed to CA Service Center

February 13, 2014 - London accepts our second I-130 application (emailed notification)

February 18, 2014 - NOA1 received, dated for Feb 13th.

February 25, 2014 - Notice received that first I-130 officially withdrawn by California Service Center

March 15, 2014 - NOA2 received, dated for March 13th.

March 28, 2014 - LND number received via post

April 04, 2014 - Medical appointment

May 15, 2014 - Readiness completed

May 30, 2014 - Appointment date received

June 05, 2014 - Interview date - APPROVED!!! Issued same day.

June 11, 2014 - Visa in hand.

July 30, 2014 - POE in Shannon, Ireland - then onto Boston and home!!

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