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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If you needed to change the name on a childs birth certificate

Customer Question

If you needed to change the name on a childs birth certificate because the wrong fathers name is ***** ***** how would I go about that? The Hitch is that the child is being raised by her grandparents her whole life and is now 9 yrs old, seven years ago I the real father took a DNA peternatiy test, and the child (Jaida) is my biological daughter. The grandparents, which have custody of her want my name on the birth certificate, the fathers name on it now was a previous marriage, and is now and has been never been in the picture, how do i get his name off and mine on it.
Thank you Shannon Templin
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. You would have to file a petition in court for paternity to be established and have a court-ordered paternity test performed. When the results prove you are the father, you will then be able to have the birth certificate changed to include your name as the father.
Expert:  Roger replied 1 year ago.
The court must oversee the paternity test and the court must issue an order to the department of vital statistics in order to change the birth certificate.
Customer: replied 1 year ago.
Ive already taken the paternity DNA test so were do we go from there
Expert:  Roger replied 1 year ago.
Well, you have to take the paternity test under the court's order......so it would have to be done again.
Customer: replied 1 year ago.
It was a court ordered paternity test
Expert:  Roger replied 1 year ago.
You would have to file a petition in court to establish paternity and get the dna test done.......and when it shows you're the father, the court will find that you are the father and that you should be added to the birth certificate.
Expert:  Roger replied 1 year ago.
OK........in that case, you can would have to file a petition to modify the birth certificate and get a court order directing the department of vital statistics to modify the document to show you as the father.
Customer: replied 1 year ago.
how do you do that? Does that require hiring a Lawyer or is it something me and my daughters actual mom can do ourselves
Expert:  Roger replied 1 year ago.
It is possible to do without a lawyer, but most courts don't provide forms or sample pleadings, so it would require you to come up with the documents yourselves, get help from local legal aid or hire a lawyer.
Expert:  Roger replied 1 year ago.
It is an actual court proceeding, so you'll have to file the case, appear before the judge, etc.
Customer: replied 1 year ago.
What Docs do we need? And because we are dealing with three different states how will that work and which state would we have to file through, I the father lives in Texas, the grandparents/ legal gaurdians and biological mothe live in Tennessee, and the child was born on a military base in North Carolina
Expert:  Roger replied 1 year ago.
You're likely going to have to file in NC because that's where the birth certificate was issued. You'll have to file a petition in court that requests that the birth certificate be amended to include you and ask the court to accept the paternity test from the other court.
Customer: replied 1 year ago.
were do we get the docs needed, can you email them to me, or give me a website were i can get them?
Expert:  Roger replied 1 year ago.
That's what I said above, I am not aware of any forms that are available......you can call the court clerk's office in NC county where the child was born and ask if they have form petitions to modify a birth certificate, but if they don't you're going to have to generate the documents yourself or hire a lawyer or try to get help from local legal aid.
Customer: replied 1 year ago.
The court ordered paternity test, was through the Child Support, agency, attorney general does that make a difference?
Expert:  Roger replied 1 year ago.
As long as you can get a certified copy of the order and paternity results and present that to the court, it should be sufficient.
Customer: replied 1 year ago.
so how does the other guy get his name off, we cannot get ahold of him he refuses to help
Expert:  Roger replied 1 year ago.
The court order will direct that his name be removed and that yours be substituted. If the paternity test has established you are the father, and that test result has been accepted by the court that ordered it, then the named "father" shouldn't have any standing to object at this point because he's already been adjudicated as not being the father.
Customer: replied 1 year ago.
what court i live in tennessee can we use tennsee court
Expert:  Roger replied 1 year ago.
If the birth certificate was issued in NC, you're likely going to have to file the petition in the county where the child was born and ask that court to order the NC Dept. of Vital Statistics to issue a new certificate.
Customer: replied 1 year ago.
so how do we do that when we or the birth father lives in N,C.
Expert:  Roger replied 1 year ago.
You would simply file the action with the court and then appear before the judge to present the case and receive the order.
Expert:  Roger replied 1 year ago.
You don't have to be a resident of a state to file a legal proceeding there.
Customer: replied 1 year ago.
Do I need to travel to NC, or can we do this online, hire a lawyer what steps to start this ball rolliing
Customer: replied 1 year ago.
going back to NC is not an option for any of us
Expert:  Roger replied 1 year ago.
You can hire a lawyer via phone or email in NC and get the process moving. You can search for a lawyer in the county and state you need at www.martindale.com. But, you'll likely have to travel there for the court date.
Expert:  Roger replied 1 year ago.
Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again.

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