Family Law Questions? Ask a Family Lawyer Online.
Thank you for allowing me to assist you.
You could do so either by getting a judgment (in state court, not federal court) indicating that he is not the father and that his name should be removed, or by establishing paternity for the man who is actually the father. This will be complicated if you were married to the man whose name was on the birth certificate, or if there is already a judgment establishing that he is the child's legal father.
If the man's name was put on the birth certificate fewer than sixty days ago, you can accomplish your goal without even going to court.
Do you know who the biological father is and would you want to establish paternity in his name?
Has child custody or support ever been litigated for your child?
Biological father has contact but lives in California where my child was born almost 12 years ago. I want to remove the father on the birth certificate and remove/change my child's last name since her last name is XXXXX XXXXX as the father listed on the birth certificate. no child support was ever established. not sure if biological father wants to establish paternity in his name,
Does the man whose name is XXXXX XXXXX birth certificate want his name off of it?
You don't need the biological father's permission to establish paternity and put his name on the birth certificate. Do you want to do this?
If you establish paternity, it would be easier to change your child's name. Otherwise you would need to file a name change through a separate legal proceeding.
man on birth certificate wouldn't mind since he's not in contact with us anymore. he knows he's not the father since child was 2.
i guess establishing paternity would be the easiest route for us.
And how old is your child now?
12 in December
And the man on the birth certificate consented to have his name on the birth certificate?
yes, we didn't know at the time
Give me a moment - I want to see if there is a standard form you can use to accomplish this...
And you were not married to the man when he put his name on the birth certificate?
Since he signed the Acknowledgment of Paternity and more than four years have passed since the entry of the Acknowledgment, neither you nor the man whose name is XXXXX XXXXX birth certificate may challenge his paternity in court. However, your child could be the Petitioner and seek a dis-estasblishment of paternity or the biological father could be the Petitioner in an action to establish paternity. In either case, you would have a better chance of succeeding if you were trying to establish paternity. The Courts generally refuse to disestablish paternity if it will leave the child father-less.
Your child's request or the father's request to establish or disestablish paternity will not be based solely on DNA - it will also be based on your child's best interests.
The way you would be most likely to have success is if your daughter filed a Petition to Establish Parentage in her biological father.
Another option is to do a step-parent adoption if you are married or have a domestic partner who you would want to be your daughter's parent.
Is there any other information I can provide for you?
if my husband now were to adopt her, would i be able to change her birth certificate?
Yes, and you would be able to change her name. It could all be done in one proceeding. If that is what you want to do, that is definitely the way to go about it.
ok..thank you for all your time and help. i appreciate it.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).