How do I remove a father’s name on birth certificate and add mine because I am the biological father? 11 Answers as of March 25, 2013

I had gotten my girlfriend pregnant, and while she was pregnant, she had left me and completely stopped talking to me. Well when she gave birth, she let another man sign the birth certificate, knowing that the child was mine. Well after the child was born, she decided she did the wrong thing by letting him sign. Now we would like to know what we have to do to remove that man’s name from the birth certificate and add my name to it and also change my sons name from his last name to mine. Even though she knows that she was wrong she is still with this guy and are now married (they were NOT married when the child was born.). The man on the birth certificate does not want to change anything, but she wants to change everything. Mind you, my son will be turning 3 this year. He knows and calls me daddy and the other man by his real name. I also get him every Wednesday through Saturday since he was 3 weeks old.

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John Russo | John Russo
You ask this question already, my answer has not changed, there is nothing you can do if he does not wish to have his name removed, legally he is the father.
Answer Applies to: Rhode Island
Replied: 3/25/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
You need to immediately talk to a family law attorney. You need to go to court and get a judge to order that the birth certificate be fixed. Please do it now and don't wait. It is worth the money to do it right and protect yourself and your son's interests.
Answer Applies to: Texas
Replied: 3/24/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You can open (or re-open) a paternity case in which you acknowledge paternity and seek an order providing for placement and joint legal custody. You might well have to pay child support, of course. If the husband objects, he can get a DNA test ordered for you, him, the mother and the child.
Answer Applies to: Wisconsin
Replied: 3/22/2013
Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
You should file a parentage action to establish you are the father. Once that's established you have the right to seek an order to amend the birth certificate.
Answer Applies to: California
Replied: 3/22/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
You can petition the court for a name change.
Answer Applies to: Georgia
Replied: 3/21/2013
    Carey and Leisure | John Smitten
    You have to file a petition to enforce your parental rights.
    Answer Applies to: Florida
    Replied: 3/21/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    You need to file for child custody and file a paternity action. The longer you wait, the harder it will be.
    Answer Applies to: California
    Replied: 3/21/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    You need to file a Paternity case and be named as the father, once this happens the birth certificate can also be changed. Do not delay this any further, you do not want to appear that you don't really care or that you have let the child spend his first three years with someone else claiming to be his father and no proof that you did anything about it. Waiting can have very significant negative consequences for biological fathers. Make sure the court is aware that you have had visitation regularly and that the child knows you as daddy.
    Answer Applies to: California
    Replied: 3/21/2013
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    You need to file a Petition to Establish Paternity and Legitimation right away. Has a DNA test been done? The "step father" may be the legal father since he married the mother after the birth of a child he has claimed as his. This is a complicated case. You need to seek counsel right away to see if you are still able to reclaim your rights.
    Answer Applies to: Georgia
    Replied: 3/21/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Retain an attorney to file a legitimation and custody petition.
    Answer Applies to: Georgia
    Replied: 3/21/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You must commence an action to determine paternity. Only after paternity has been determined can the birth certificate be amended.
    Answer Applies to: Minnesota
    Replied: 3/21/2013
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