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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38225
Experience:  Attorney with 17 years experience
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How do I remove my ex's name from my childs birth

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How do I remove my ex's name from my childs birth certificate? He is not the father.
JA: Is the father listed on the birth certificate the biological father? If not, was there a court determination of paternity?
Customer: No he is not...and no there wasn't.
JA: Family law varies by state. What state are you in?
Customer: California
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do I have to do it through the California courts? I have recently relocated to Nevada

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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Was this your husband or just a boyfriend?

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How old is the child?

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Does he pay court ordered child support for the child?

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thanks

Barrister

Customer: replied 2 months ago.
Hi Barrister...my name is Britt. I was in a relationship with a man in the military - when he returned from overseas we married and added him to the birth certificate. We were only together for a year. We know he's not the biological father. My twin boys are 9 years old now. He's never paid child support or been around them since they were a year old. I've recently relocated from CA to NV and need to know the process of how to remove him from my children's birth certificate and unseal the original with their original names.

Ok, this is a little complicated after all this time, but you would need to file a formal paternity lawsuit against the alleged father and have him submit to a court ordered DNA test. Once that comes back and disproves paternity, then the judge would issue an order removing his name from the birth certificate.

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If no case has ever been filed in any other state, then you can file wherever you are located now.

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You could either hire a family law attorney to assist with this or go directly to the local District Attorney's Child Support division and they will help file the case under the guise of it being you seeking child support.

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thanks

Barrister

Customer: replied 2 months ago.
Could I just change the twins names without having to go thru the paternity. Their names on their birth certificates is his last name and I want it to be back to my last name. The father listed on the certificates lives in Georgia. I'm in Nevada. He said he will sign whatever he needs to have the boys names changed.

Not without the alleged father signing off on a name change petition stating he had no problem with it. But if he is willing to sign the minor name change petition voluntarily, then there really isnt' a problem here because you can get the name change petition from the courts, complete it, have the father sign off on it, then you file it and have a short hearing with the judge where he would then issue an order changing the children's last names. It won't remove the father from their birth certificate though.

Customer: replied 2 months ago.
to actually remove him from the certificate, I understand Kevin would have to have a court ordered DNA test done. How will that work since he's across the country from me? He will not be willing to pay any expenses for attorneys. Is there a way for me to bring this to the judge solo. Kevin is willing to sign anything he needs to releasing him from the birth certificates.

You would file a paternity lawsuit where you are located and they would then subpoena him to come to court for the test.. It is possible that the court could allow a remote test through the GA courts since he is far away.

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And no, that is the only way to get him removed. There is no "Judge, we changed our minds 9 years later and don't want him on the birth certificate" argument that you can make solely. If he is on the birth certificates, then legally you could force him to pay child support, whether he wants to or not. When you add someone as a father on a birth certificate, they become legally responsible for supporting the children and if he didn't want to assume that role, then he shouldn't have agreed to be added. So if he won't agree to do this voluntarily, you can seek child support from him and in order for him to avoid being liable for it for the next 7 years for both children, he would have to submit to the DNA test.

Customer: replied 2 months ago.
I appreciate your help! Just two more questions... 1. What if I know where the biological father is (and he's local)? 2. Can I file a for a paternity case against their biological father if I know where he is and can I do it in the state I live in? I know you may have answered that last question earlier but I just need clarification. I know it's a crazy story - situation.

You can file a paternity action against the actual bio father... but then you kind of get into a grey area about falsifying a legal document when you and the military guy decided to add him knowing he wasn't the legal parent..

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But if you maintained that you didn't know for sure, and now you feel sure, then you could probably get away with it without the court taking too close a look at it.

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thanks

Barrister

Barrister and other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks for everything! You were very helpful and much appreciated! Have a great day...Britt