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Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1505
Experience:  30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
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i had girlfriend, had a child and put she put my last name

Resolved Question:

i had girlfriend, had a child and put she put my last name in the birth certificate; at the time(1989) i couldn't find her for several months. once by accident i went to her house and saw a child, claimed the child is mine. by accident i found it out in computer (2008). i live in ca. what can i do. thank you kam
Submitted: 5 years ago.
Category: Family Law
Expert:  Lawrence D. Gorin replied 5 years ago.
NEED MORE INFO......
I would appear that the child is now 19 years old. What is it that you now want a judge to do for you?

LDG
Customer: replied 5 years ago.
how can i find out if the child is mine without confronting her.
Customer: replied 5 years ago.

hi

i'm waiting for answwer

Expert:  Lawrence D. Gorin replied 5 years ago.
ANSWER:
     I assume when you ask “how can i find out if the child is mine” you are referring to the question of whether your the child’s biological father. As a practical matter, you would need to obtain a specimen of genetic material from her sufficient to be subjected to DNA parentage testing analysis. Unfortunately, how this can be obtained without confronting the child is impossible to answer without a rather thorough analysis of the facts and circumstances of your situation. This goes beyond what we can do here.

     You may be able to seek judicial relief (court order requiring production of genetic evidence for parentage testing purposes) but, of course, it would necessarily involve confrontation, which is what you are seeking to avoid.

     NOTE: I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

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Customer: replied 5 years ago.
can she get a birth certificate without me being there
Expert:  Lawrence D. Gorin replied 5 years ago.
ANSWER:
YES, now that she is of legal age, she can she obtain a copy of her birth certificate without your being there. And you, likewise, assuming you are listed on the certificate as being the father, can obtain a copy of her birth certificxate without her being there.

===========================
    Having answer your questions, it is now time to so acknowledge by clicking the green “ACCEPT” button in the upper right hand corner of this window. And if my answer was exceptionally helpful, a “bonus” payment would be most appreciated. Lastly, please add a few words of comment in the FEEDBACK space. It lets me (and others) know how I’m doing. And I thank you in advance.
    P.S. -- If you have future questions that you would like me in particular to answer, just put “FOR MR. GORIN -- ” in the subject line and I will respond next time I am online.

Customer: replied 5 years ago.
what i meant the mother on (1989) going to the proper office without me , get the birth cetificate without me being to sign the document.
Expert:  Lawrence D. Gorin replied 5 years ago.
ANSWER:
As a general rule of policy and procedure, if the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate until and unless legal paternity of the child is established through one of the several legal methods authorized by statute for doing so. This might include the parties jointly signing and filing with Vital Records a voluntary acknowledgment of paternity form or it could be done involuntarily as a result of a judicial or administration action having been brought against for paternity establishment purposes. It is not unusual, nor surprising, to see legal paternity established as a result of a legal action to which the alleged father never responded (perhaps because he never had actual knowledge of it), resulting in legal paternity being established by default.   

     You need to obtain a copy of the child’s official state-issued birth certificate so that you can see with your own eyes whether you are listed as the father. Contact the Vital Records agency in your state to get that process started.

Helpful websites:
http://www.vitalchek.com/
http://www.vitalrec.com/

If it turns out that your name is XXXXX XXXXX child’s birth certificate, you would then need to do a bit of investigating and back-tracking to see just exactly how this came to be. You might need to consult with a family law lawyer in your locality for guidance as to how to get this done.

===========================
    NOTE: HAVING ANSWERED YOUR QUESTIONS, IT IS NOW TIME TO SO ACKNOWLEDGE by clicking the green “ACCEPT” button in the upper right hand corner of this window. And if my answer was exceptionally helpful, a “bonus” payment would be most appreciated. Lastly, please add a few words of comment in the FEEDBACK space. It lets me (and others) know how I’m doing. And I thank you in advance.
    P.S. -- If you have future questions that you would like me in particular to answer, just put “FOR MR. GORIN -- ” in the subject line and I will respond next time I am online.

Customer: replied 5 years ago.
was it legal(1989) to go to the office without me and have the child name under my last name. don't need my signature to be official
Expert:  Lawrence D. Gorin replied 5 years ago.
YOUR QUESTION:
was it legal(1989) to go to the office without me and have the child name under my last name. don't need my signature to be official

ANSWER:
Yes, it was legal in 1989 for the mother to go to the office and give the child your last name, doing so without your signature in order to make it offical.

When a child is born to an unmarried woman, there is only at that point one legal parent (the mother) and she can give the child any name she wants. The name given to the child has now legal bearing on the question of legal paternity. So if she wanted to name the child Ringo Starr, Jr., she could do so, And she would not need Ringo’s consent. But it would not mean that Ringo is the father.

As to listing on the child birth certified the name of the man claimed to be the child’s father, that is a different story. As explained earlier, when the child is born out of wedlock, there is no legal father, so far as the law is concerned, and no “name of father” will appear on the birth certificate until and unless legal paternity is subsequently established by one the methods provided by law for doing so.

May I suggest, respectfully, XXXXX XXXXX is time for you to click on ACCEPT so that we may continue this dialogue (if you have not already done so). Thank you.

===========================
    NOTE: HAVING ANSWERED YOUR QUESTIONS, IT IS NOW TIME TO SO ACKNOWLEDGE by clicking the green “ACCEPT” button in the upper right hand corner of this window. And if my answer was exceptionally helpful, a “bonus” payment would be most appreciated. Lastly, please add a few words of comment in the FEEDBACK space. It lets me (and others) know how I’m doing. And I thank you in advance.
    P.S. -- If you have future questions that you would like me in particular to answer, just put “FOR MR. GORIN -- ” in the subject line and I will respond next time I am online.

Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1505
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
Lawrence D. Gorin and 3 other Family Law Specialists are ready to help you

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