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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 20123
Experience:  Attorney with experience in family law.
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I was wondering about my boyfriends rights to his son. So

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I was wondering about my boyfriend's rights to his son. So I am separated from my husband and I had my son 4 months ago. When he was born I thought for sure he was my husbands so at the hospital he signed the birth certificate and he has his last name. But because we were separated at the time of conception I did start seeing someone else and so he wanted a paternity test done. Turns out my baby is the other mans. My husband doesn't want anything to do with my son now and we continue to be separated. Now I was wondering about how to get financial support for my son. I am under the impression that whatever name is XXXXX XXXXX birth certificate is who the state considers to be the father...? I need clarification because I don't think it is right to make my husband pay or have any say in the up bringing of my son especially if he doesn't want to be involved. and my boyfriend has no rights or responsibility for my son even though he wants it?? I guess the question is who is the legal father of my son? and How do I change the birth certificate to have he real fathers name on it?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

A man who voluntarily acknowledges paternity has 60 days to revoke it. When that 60 days passes, he can file a suit to cancel the acknowledgment if he can show that it was signed under fraud, duress, or a material mistake of fact. Once you get a court order show that he is not the father, you can have the birth certificate corrected by supplying the Department of Vital Records with documentation showing that your husband is not the father. As part of that proceeding, the judge can find that your boyfriend is the father and order him to pay support.

To change your son's last name, you would need a court order. Here is all the information you need to seek a change - if both your husband and your boyfriend agree, it's not terribly complicated. You can submit the request as part of the other proceedings.
http://www.nycourts.gov/courts/nyc/civil/int_minornamechange.shtml


Once you have a court order establishing paternity and changing the name, you can amend the birth certificate. If you're in New York City, here are the forms and instructions to amend a birth certificate. If your son was born outside New York City, call(NNN) NNN-NNNNto see if they have forms they can mail you or that you can print.
http://www.nyc.gov/html/doh/downloads/pdf/vr/bcorrect.pdf

If you and your husband divorce, the judge can include in the divorce decree a statement that your husband is not the father and that he is not responsible for the child in any way.

There's a lot involved, but if you all agree that your husband is not the father, should not have any rights or obligations to the child, and your boyfriend should, you will be able to get it all straightened out. A local attorney may be able to help make it all less confusing.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 20123
Experience: Attorney with experience in family law.
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