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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.
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.
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