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Ask Lawyer Lori Your Own Question
Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience:  Divorce, custody and child support attorney.
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how does my son get his name on the birth certificate?

This answer was rated:

how does my son get his name on the birth certificate?

Lawyer Lori :

Good morning. My name is XXXXX XXXXX I will be the professional assisting you today. In order to give you the most accurate information, would you answer a few questions for me?

Lawyer Lori :

1. I am assuming that your son is the biological father of this child, is that correct?

Lawyer Lori :

2. Can you tell me if the child's mother is in agreement with placing your son's name on the birth certificate?

Lawyer Lori :

3. Also, how old is the child?

Customer:

my son is the father. theschild was born on 3-25-13. mother is difficult, with mental health issue

Lawyer Lori :

There are two ways to add the father tot he birth certificate. The first is with the cooperation of the mother and with both parties filing a Recognition of Paternity form with the Office of the State Registrar. However, that doesn't sound as if it would work in this case. But it may be worth your son asking the mother, as it is the simplest way.

Lawyer Lori :

The other way is through the court system. Your son would need to file a paternity action seeking to be named the father and to obtain a court order adding him to the birth certificate. After paternity is decided by the court, he would also be legally entitled to seek custody and/or visitation. And the mother would be able to seek child support.

Customer:

how does he file

Lawyer Lori :

He would file with the local court where the child/mother lives. You may find information on the process at the MN court site: http://www.mncourts.gov/selfhelp/?page=1808. The court does not provide paternity forms online; however, most court houses (or the self-help centers in the courthouse) should be able to provide forms.

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