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SoloLawyer
SoloLawyer, Lawyer
Category: Family Law
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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I hope this works ... I have a daughter with a married women

Resolved Question:

I hope this works ...

I have a daughter with a married women . i found out after she gave birth to my daughter that her current husband is married in mexico so her marrige is really invalid so i was told... and i was told at the hospital by a nurse that did our paperwork that I can't give my daughter my last name cause I was told most fathers in my position bail on the child and the mother has to hassel with changing the name back to hers ...I have no intention on leaving am not Going anywhere she is my daughter ....how can i give my daughter my last name ?

XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Family Law
Expert:  SoloLawyer replied 1 year ago.

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

I'm sorry to hear about your situation. You can file what is known as an Affidavit of Paternity. This is where both parents acknowledge you are the Father of the child and the State will alter the birth certificate as a result. Follow this link for instructions and the form. http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/CHS-AcknowledgementofPaternityParentage-2010-01-Merged.pdf

SoloLawyer :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

Customer:

Hello, I am a customer service representative posting on behalf of the customer who is unable to view the chat. Please click on the 'Switch to Q&A' link at the top of the page to change the format of the page from Live Chat to Q&A so that the customer can access your reply and also please repost your reply as a new answer or info request. Thank you.

Expert:  SoloLawyer replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Customer: replied 1 year ago.
,One more question before I rate, been busy ....I just finished talking to my daughters mom and she told me last night that she placed her husbands name on my daughter birth certificate but he didn't sign it, is her birth certificate valid since he didn't sign it , what would I have to do for me to place my name and be able to sign the certificate
Expert:  SoloLawyer replied 1 year ago.
Hello -

I see you rated the service "bad". I would ask you to consider removing that since it was based on you not being able to view the post. That rating affects me negatively and I hope you could wait until the end of our conversation and rate me on my demeanor and understanding of the issue. :)

It's hard for me to say whether the birth certificate was valid. If it was filed with his name on it, yes it would be valid.

I think your bigger problem is that if they were married at the time the child was born, the child is presumptively his under the law. (I know that you say the current marriage is not valid, so that issue would have to be dealt with before dealing with the legal presumption). That's a bigger issue.

If they were not married at the time of the child's birth, but have since married, and she placed his name on the birth certificate, that grants him parental rights over the child. You really need to speak with a local family law attorney about establishing your parental rights OVER the current husband's rights. This is going to take more than just a name on a birth certificate to fix. You'll need to have a paternity test completed and then file an action in your family law court to have yourself deemed the legal father. Realizer however, at that point you will also be obligated to provide support for your child.

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

SoloLawyer, Lawyer
Category: Family Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
SoloLawyer and 6 other Family Law Specialists are ready to help you

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