Login|Contact Us
JustAnswer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Tweet

2 years ago I was told I was the father of a baby. I believed

 

Customer Question

2 years ago I was told I was the father of a baby. I believed the girl, of course she said I was the only one. Her parents coersed me into signing the birth certificate as the father. At the time I did not have a paternity test. Dumb on my part. I did take one a month after the birth and I was not the father. I immediately found out about rescinding the paternity paper I signed. I did it within 60 days and it was accepted. I was told I still needed to have a judge declare that I was not the father so the judge would order my name off the birth certificate. I could not figure out how to see the judge ( even though I asked a court clerk) or how much it would cost. The girl told me she would go in and change the birth certificate since it was her fault and it is easier for the mother to do it. Well, she never did it. she said she was working with the District attorney to get the other guy to pay child support but the guy is refused, this has nothing to do with me and my problem, help

 

Optional Information:
State/Country of Question: California

Already Tried:
I've called the office that I received the papers to rescind the paternity and they do not know how to get a hearing at the court before a judge. I have gone several times to the court and the clerks never understand my question. All I want is my name legally taken off the birth certificate. I am not the father. Can I just go to berth recorder and request it or can the mother of the child go to the recorders office and do it.

Submitted: 1020 days and 17 hours ago.
Category: Legal
Value: $38
Status: CLOSED
Picture
Expert:  Kirk Adams replied 1020 days and 17 hours ago.

You can't simply go in and talk to the judge to get this done.

You'll have to file a petition with the court to remove yourself from any documents, including the birth certificate, that indicate you're the father.

Once the judge signs an order, that order will be sent to the Depertment of Vital Statistics and a new corrected birth certificate will be issued.

You will probably need to see a local attorney about filing this petition on your behalf.

Customer replied 1020 days and 17 hours ago.

can I go into the court clerk and request to get a hearing before the judge. Do I have to have a lawyer? It seems pretty cut and dry to me. I just need to find out how to get a hearing date and how much it would cost. How much would a lawyer cost for this? What kind of a lawyer do I contact? I have gone on several legal websites and have never seen this problem and the solution for it. Would it be family law? No one ever says anything about correcting the birth certificate

Accepted Answer

Picture
Expert:  Kirk Adams replied 1020 days and 17 hours ago.

<p>If you have an open case pending, you can contact the judge's court administrator and request a hearing.   However, you'll have to have a motion or petition filed to get a hearing on that court filing. </p><p> </p><p>You'll likely need an attorney to file such a motion/petition and request a court date. </p><p> </p><p>As far as price, all attorneys are different. But, if this is unopposed, you should be able to get this done for $500 or less.</p><p> </p><p>You will need to hire a family law attorney. </p><p> </p><p> </p>

Expert TypeAttorney
Pos. Feedback: 98.8 %
Accepts: 4649
Answered: 8/6/2009

Experience: Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

Ask this Expert a Question >
 

31 Lawyers are Online Right Now

Ask Your Question Now
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
31 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

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).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2012 JustAnswer LLC