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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2363
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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How do I take the fathers name off my childs birth certificate?

Resolved Question:

How do I take the father's name off my child's birth certificate? DNA test show he is not the father.

Thanks
Submitted: 4 years ago.
Category: Family Law
Expert:  Steven K. replied 4 years ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

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.

Steven Kincaid :

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.

Steven Kincaid :

Do you know who the biological father is and would you want to establish paternity in his name?

Steven Kincaid :

Has child custody or support ever been litigated for your child?

Customer:

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,

Steven Kincaid :

Does the man whose name is XXXXX XXXXX birth certificate want his name off of it?

Steven Kincaid :

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?

Steven Kincaid :

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.

Customer:

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.

Customer:

i guess establishing paternity would be the easiest route for us.

Steven Kincaid :

And how old is your child now?

Customer:

12 in December

Steven Kincaid :

And the man on the birth certificate consented to have his name on the birth certificate?

Customer:

yes, we didn't know at the time

Steven Kincaid :

Give me a moment - I want to see if there is a standard form you can use to accomplish this...

Customer:

thank you

Steven Kincaid :

And you were not married to the man when he put his name on the birth certificate?

Customer:

no

Steven Kincaid :

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.

Steven Kincaid :

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.

Steven Kincaid :

The way you would be most likely to have success is if your daughter filed a Petition to Establish Parentage in her biological father.

Steven Kincaid :

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.

Steven Kincaid :

Is there any other information I can provide for you?

Customer:

if my husband now were to adopt her, would i be able to change her birth certificate?

Steven Kincaid :

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.

Customer:

ok..thank you for all your time and help. i appreciate it.

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