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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My husband and I filed joint petition for divorce. We all agree

Customer Question

My husband and I filed joint petition for divorce. We all agree and put on the file that the father on the birth certificate of the 2 kids is not the natural father. No dispute. We showed up for court but they would like us to come back, requesting me to file an equity in complaint to remove my husband from the children's birth certificate and all his obligations. How do I do this? Is there a standard form? Can I just write something like? My name, children name, my husband name and statement to request the court to remove father from birth certificate and obligations with the kid? Do you have a sample I can view?
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question. Please permit me to assist you with your concerns.

This is a bit complicated. Who is the 'natural' father? Has he taken on responsibilities for the children at this time?
Customer: replied 4 years ago.

I am not sure who is the natural father. For now, I just want to get divorced and have my husband removed from birth certificate and obligations by filing the equity in complaint per the court instruction. I need help on how to write this form/request.

Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your follow-up, Dong.

his is a bit unusual as courts generally do not grant such removals--the courts tend to favor or request that if a parent took upon the legal obligation of being the parent (even if incorrect), that he remain as the child's parent for support purposes. As a consequence there is no template or form for you to use, this situation is so uncommon that it requires a formal petition to the courts and not via a pre-printed form. If you wish to see a template, you would need to physically go to the local law library in your area (there likely should be one attached to the county courthouse), speak with the law librarian on duty, and ask for him to provide you with the template. This is a free service, you would only need to pay for the cost of the copy for your review. Then you can base your petition on the template. Simply stating that you are requesting removal is not enough, you have to also state that the parties are aware that the children are not the other parent's, that the real parent is unknown, and that the person listed on the birth certificate never formally assumed parental rights of the children. The last part is very important because even if the children are not his but he chose to treat them as his own, the courts may deny the petition and keep him on as parent based on the children's best interest of maintaining two parents.

Good luck.

Customer: replied 4 years ago.

I want to rate you well but I would like to pay only half since it is only general info given. Do you know if I can do it?

Expert:  Dimitry K., Esq. replied 4 years ago.

I will ask the moderators to assist you as I personally have no control over costs. Hold on, please.