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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30383
Experience:  Attorney with experience in family law.
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A third party of joint legal custody wants a my twins birth

Customer Question

A third party of joint legal custody wants a my twins birth certificate and social security cards she says if I don't give them to her she will go file and get new ones
JA: What state are you in? It matters because laws vary by location.
Customer: Ny
JA: Has anything been filed or reported?
Customer: through the court? like court papers? or for the birth certificate and ssc
JA: Anything else you want the lawyer to know before I connect you?
Customer: I need to know if I need to give them to her, when its joint custody three ways
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
IF I do not give it to her, can she go and file for new ones? She says she needs them for her state recert. But I believe she does not need them it doesn't make sense.
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

There's no way to get a new birth certificate. The original birth certificate remains on file with the state unless it is amended. To amend it, a person has to be able to show a mistake. A person who has custody of a child but is not a biological parent doesn't have any grounds for being listed on the birth certificate. There's no way for this person to go get a new document. Legally, to get a copy of a birth certificate, a person must either be the person named, a parent, or have a court order. Depending on what your custody order says, she may be able to get a copy of the original. You could also get a copy and give it to her (if she'll pay for it), but you're not required to give up your original.

Expert:  Lucy, Esq. replied 4 months ago.

The same is true with Social Security cards. She can't get new cards if cards have already been issued for your children. Social Security will look at the birth certificate, realize cards have been issued, and reject the application. If the person in question has custody but is not a parent, social security will not give her copies of the cards without a court order.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 4 months ago.

Do you have any questions about this?