Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My husband and I filed joint petition for divorce. We all agree

Customer Question
and put on the file...
My husband and I filed joint petition for divorce. We all agree and put on the file that the father on the birth certificate of the 2 kids is not the natural father. No dispute. We showed up for court but they would like us to come back, requesting me to file an equity in complaint to remove my husband from the children's birth certificate and all his obligations. How do I do this? Is there a standard form? Can I just write something like? My name, children name, my husband name and statement to request the court to remove father from birth certificate and obligations with the kid? Do you have a sample I can view?
Submitted: 4 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
4/25/2013
Lawyer: Dimitry K., Esq., Attorney replied 4 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Thank you for your question. Please permit me to assist you with your concerns.

This is a bit complicated. Who is the 'natural' father? Has he taken on responsibilities for the children at this time?
Ask Your Own Legal Question
Customer reply replied 4 years ago

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.

Lawyer: Dimitry K., Esq., Attorney replied 4 years ago

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.

Ask Your Own Legal Question
Customer reply replied 4 years ago


I want to rate you well but I would like to pay only half since it is only general info given. Do you know if I can do it?

Lawyer: Dimitry K., Esq., Attorney replied 4 years ago
Dong,

I will ask the moderators to assist you as I personally have no control over costs. Hold on, please.
Ask Your Own Legal Question
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Dimitry K., Esq. 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:

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

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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
You have helped me before. Is there a way to avoid having to
Hi. You have helped me before. Is there a way to avoid having to fill out some of the CA forms for divorce if my spouse and I have already have moved to separate places and have agreed on how to split… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
Another question, as it has nothing to do with the previous
Ok, another question, as it has nothing to do with the previous question. On the FL-140 form, do I have to check all the boxes for boxes 6-10 or only some of them?Check box #1 and complete and attach … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
What is the procedure for annulment in New York City. what
what is the procedure for annulment in New York City. what is the qualification for annulment?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
My wife and I are currently separated. how do i go about
my wife and I are currently separated. how do i go about filing for divorce? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
How does the township treasurer have to collect delinquent
how long does the township treasurer have to collect delinquent personal property taxes on a business. We bought a business that had undisclosed personal property taxes from 10 years ago … read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I bought a home before my and my wife got married we are
I bought a home before my and my wife got married we are divorcing now how does that house come into play when splitting property … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,668 satisfied customers
Himy conditional card expire on november 4th 2017now my (we
himy conditional green card expire on november 4th 2017now my (we staying in same house from past 2 years) because of some personal argument told she will not file a joint petition (form I 751)anyway … read more
KJL LAW
KJL LAW
Juris Doctorate
1,627 satisfied customers
My husband and I have been married since March, 2008. We
My husband and I have been married since March, 2008. We have reached the point to end this. He is 70 in October and I am 27 years his junior. (43) I became a bi-lateral amputee in October of 2013 … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
My wife left the home 9 months ago she took my vehicle which
Hi my wife left the home 9 months ago she took my vehicle which is in my name and is insured in my name she refuses to bring it back i reported it to insurance and police but i did not know where the … read more
KJL LAW
KJL LAW
Juris Doctorate
1,627 satisfied customers
The mother of my stepchildren died 5/18/17. She refused to
The mother of my stepchildren died 5/18/17. She refused to acknowledge she was dying from self induced drug/alcohol liver failure so she kept on with this lawsuit to sue my husband for more child supp… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have a question. Iowa. What u mean. I have question about
I have a question JA: What state are you in? It matters because laws vary by location. Customer: Iowa JA: Has anything been filed or reported? Customer: What u mean JA: Anything else you want the lawy… read more
KJL LAW
KJL LAW
Juris Doctorate
1,627 satisfied customers
I married a man from overseas. Brought him here on a
I married a man from overseas. Brought him here on a conditional green card. I've supported him fully and I understand my responsibilities under the affidavit of support. However, am I legally bound t… read more
KJL LAW
KJL LAW
Juris Doctorate
1,627 satisfied customers
Wondering how to get a Cobb County Georgia court-ordered
Wondering how to get a Cobb County Georgia court-ordered legal separation agreement rescinded. I've hit poverty and cannot afford the responsibility financially. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
What court paperwork do I need to petition the court on my
What court paperwork do I need to petition the court on my 16 year old sons behalf so he can live with me? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
Would filing a joint federal and state tax return invalidate
Would filing a joint federal and state tax return invalidate a pre-marital separation of property agreement in louisiana. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
I am here in NM and need to file for a divorce.. what forms
I am here in NM and need to file for a divorce.. what forms fo I need to file.. I have bben seperated from my spouse since 6/15/2000. We share one son who is currently 19 years old. We have no debt, n… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a 2-years conditional card and my wife just filed for
I have a 2-years conditional green card and my wife just filed for a divorce which is still in process but I intend to travel to the UK for a very important academic event. Would I be refused re-entry… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
Getting a divorce. We do not want to split our accounts.
My husband and I are filing jointly for divorce in Nevada. I just have one question. We both want to keep our own bank accounts, vehicles, and retirement funds, we are not splitting those. Where do we… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 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