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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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I have a 10 month old son with the wrong father on his birth

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I have a 10 month old son with the wrong father on his birth certificate. The father listed in African American and my son is caucasian. Thats when we first realized that the father listed may not be the "real father". He left state and I did a private test with his biological father. It came back that he was the father. I presume that I would need to get a paternity test in court with the father on the certificate to prove he is not the father and to get him taken off? Is it possible to get him taken off of the birth certificate?
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

You would need to file in the family court a petition to determine paternity. You would need to try to serve the party listed on the birth certificate if possible. If not possible you can serve by publication and the clerk of the court will tell you what they require. It is much cheaper to serve him. The court will issue an order that you can take to vital statistics and have the birth certificate changed and also the name if you want to change. You also have to ask for the name change in your petition. My suggestion would be to retain a local attorney to handle everything for you. Here is the referral site

http://www.martindale.com


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Customer: replied 5 years ago.

What if he never shows up for the testing? Is there a way I can test the biological father?

Expert:  lwpat replied 5 years ago.
I thought you said you had tested the biological father?
Customer: replied 5 years ago.
I did, it was a home paternity test though. I didnt go through court so its not admissable. So Im going to have to test the birth certificate father first.
Expert:  lwpat replied 5 years ago.
So Im going to have to test the birth certificate father first.

No, you test the biological father.
Customer: replied 5 years ago.
I got it. Even if hes not on the certificate I still test the bilogical father.
Expert:  lwpat replied 5 years ago.
That is correct. Best wishes to you and your child.
Customer: replied 5 years ago.
Thank you so much. You've been great help.

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