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KimberlyLaw
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
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Experience:  13 years of experience practicing law.
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my husband signed a birthcertificate 15 years ago for a child

Customer Question

my husband signed a birthcertificate 15 years ago for a child that is not his. over the years he has not been able to see him often. he has seen him about 5 or 6 times in the past 4 years. we pay child support for this child and i need to know if there is a way to resolve this matter by having his name removed from birth certificate and child support dropped. we live in louisiana by the way.
Submitted: 2 years ago.
Category: Family Law
Expert:  KimberlyLaw replied 2 years ago.
Hello, I am happy to assist you today.

In order to get your husband's name off the child's birth certificate, he needs to go to court and get a court order to take his name off. The court will require a paternity test to verify that he is not the father. Then the certificate can be amended.

I must point out, that the law is a bit complicated in this area. If he was acting as the father, even if he is not the biological father, the child support may not end. So that will be up to the judge, but usually once someone starts paying child support, they become the "de facto" father.

He will probably have to bring the biological father into the proceeding to have him tested too. That could help his case.

Take care,
Kimberly
Customer: replied 2 years ago.
ok but do you need a dna test even though it is obvious that hes not the father. and what about visitation. he is suppose to have but she doesn't let him. besides she is with myhusbands brother and has been for multiple years so thats a problem also with not seeing the boy.
Expert:  KimberlyLaw replied 2 years ago.
Yes, you need a DNA test. How could it be obvious he is not the father biologically? You can not tell that without a DNA test. Sorry.

If he is not the father why would he get visitation?

If he wants to keep this child in his life, he should keep paying child support and keep his name on the birth certificate, because he has more rights to see the child that way.
Expert:  KimberlyLaw replied 2 years ago.
Hello. If you have any follow up questions, please click "REPLY".

If not, please click "ACCEPT" to close out this question so that I get credit for my work with you.

Take care,
Kimberly
Customer: replied 2 years ago.
it is obvious because the child is black. And the reason for asking about visitation is he doesn't get it. So no, you don't get visitation because you pay child support. Your information is wrong on that.
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  KimberlyLaw replied 2 years ago.
Just because the child is black is not enough for him not to have to do a DNA test.

I am sorry you were confused, but if he goes to court and is required to pay child support going forward he WILL be given visitation. That is true even if he doesn't currently have visitation.
Expert:  KimberlyLaw replied 2 years ago.
Hello. If you have any follow up questions, please click "REPLY".

If not, please click "ACCEPT" to close out this question so that I get credit for my work with you.

Take care,
Kimberly

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