Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I recently had a paternity test done with a man who is not

the named father on my...
I recently had a paternity test done with a man who is not the named father on my birth certificate. The test proved this guy is my biological father. My biological father and I would like to remove the currently named man's name on my birth certificate and replace it with his. I am over 21 years old and the only legal answers I seen are applicable to children only. Can you tell me what I need to do to amend the father's name on my birth certificate. Also, my mother was never married to either man.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 13 minutes by:
3/9/2017
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,056
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Family Law Question

Unfortunately, this is going to require a lawsuit since you are removing one person's name and adding another person.

You will probably want to hire lawyer to help you with this because, as far as I can tell, there are no forms or instructions on preparing the documents.

Essentially it will be a lawsuit to amend a government document. That means you will have to serve a copy of the lawsuit on the man who is listed as your father (although he can waive service), probably on your mother, and then on the man who wants to be listed as your father (he can also waive service). In theory, the lawsuit could also be brought by the man who wants to be listed as your father and the same people would have to be served, except you would be served (or waive service) instead of him.

To be safe your lawyer is probably going to want to include the ADPH in the lawsuit and have them served as well. The reason for that is a lawsuit is only binding on the people who are served or waive service.

The judge will then have a hearing in which you will have to testify and possibly the man who wants to be listed as your father will have to testify as well. You will also want to offer a copy of the paternity test into evidence. The court will then enter an order directing that the birth certificate be changed, removing the current listed father and replacing him with the real one.

That's basically it. The problem is coming about because someone is already listed as the father. If no one was listed, then you could likely just submit the form found at http://adph.org/vitalrecords/assets/hs75.pdf

The problem with using that form now is it doesn't have a place to order the removal of someone else's name and since it is a government document it can't be amended in that way without a hearing and a chance for the person listed as your father to object, if he does.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Would the hearing have to be in the county that I was born in or in the county my biological father currently lives in? Also, what court would this have to go through? I.e. Civil, District, or Family?

Different counties do things differently but normally it would go through the court which handles family matters. It would need to be done in the county in which you were born, normally. You could also, in theory, do it in the county where the state capital is located since one of the defendants is a state agency.

JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,056
Experience: Began practicing Family Law in 1992
Verified
JD 1992 and 87 other Family Law Specialists are ready to help you
Ask your own question now

Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

Ask Your Own Family Law Question
Ask JD 1992 Your Own Question
JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,056
34,056 Satisfied Customers
Experience: Began practicing Family Law in 1992

JD 1992 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
The mother of my daughter is getting ready to move out of
Hello the mother of my daughter is getting ready to move out of state how can I start a perternity test without hiring a lawyer first? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,474 satisfied customers
When my mother was 2 years old her mother passed away and
When my mother was 2 years old her mother passed away and she was taken in and raised by another family. The new family raised her as their own and even gave her their last name. Unfortunately the nam… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
ARE prenatal and postnatal dna paternity test the same
ARE prenatal and postnatal dna paternity test the same accuracy? Have you heard about the Company Ravgen??… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
How should it have taken for me to receive paternity test
How long should it have taken for me to receive paternity test results taken in Allegheny court of common pleas adult division. The swabs were taken on 9/11/2017 and I have not received any correspond… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,474 satisfied customers
My former boy friend threatens to order a paternity test on
My former boy friend threatens to order a paternity test on my newborn baby, I am afraid he will take the baby away. Can I deny the paternity test without getting the rough of the court? I am in Georg… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Here in my case. I am a single mother who works, goes to
here in my case. I am a single mother who works, goes to school and cares for my baby. I have allowed the father to visit 3x week for 2 hours since she has been born, even a little more at the beginni… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
My Daughter Mother, filed a Retraining Order Against me for
My Daughter Mother, filed a Retraining Order Against me for the second, time. I responded by filing a Paternity Test Request, identifying my daughter of which she concealed and intentionally ascribed … read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
My mother passeda, My mother passed away in 1996 in Houston,
My mother passed away in 1996 in Houston, Texas. At the time of her death, my father had an on-going relationship for many years with a woman and they had two children prior to my mother's death. About a year or so after my mother's death, I asked my dad whether or not he had married the woman who's children he had fathered. He replied that they did get married but would not give me the date of their marriage. If, in fact, they did not get what I call "officially married" or are, in fact, in a common law marriage situation, how can I find out one way or the other? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,895 satisfied customers
If my husband consents to a paternity test to determine if
If my husband consents to a paternity test to determine if he is definitely the father of a child conceived 41 years ago, could the mother or possible daughter file child support and be awarded. the f… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,474 satisfied customers
Can I be taken to court for paternity testing even if the
Can I be taken to court for paternity testing even if the letter was sent to an address I am not a resident of?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
How does my grandaughter get the paternity test results that
how does my grandaughter get the paternity test results that were done on her by court order from 27 years ago in Butte county ca. … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
I recently had a paternity test done with a man who is not
I recently had a paternity test done with a man who is not the named father on my birth certificate. The test proved this guy is my biological father. My biological father and I would like to remove t… read more
JD 1992
JD 1992
Lawyer
34,056 satisfied customers
How can I order a paternity test in Calif.? I just did
How can I order a paternity test in Calif.? JA: Because family law varies from place to place, can you tell me what state this is in? Customer: I just did JA: Has anything been filed or reported? Cust… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I have been ordered to take a paternity test for a child who
I have been ordered to take a paternity test for a child who is now 18 years old, I never knew about the child and was only notified about him when he was 16, they said if I don't take the paternity t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
I have a paternity test coming up soon with the court, My
I have a paternity test coming up soon with the court … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
My Question involved paternity testing. story short, I
My Question involved paternity testing. Long story short, I failed to attend in a timely manner my paternity hearing. I was found liable or the father if you will based on emails etc. I failed to obje… read more
mmdesq
mmdesq
Attorney
Doctoral Degree
518 satisfied customers
I had a question about paternity tests in NY state, I was
I had a question about paternity tests in NY state … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x