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VermillionsGirl · May 7, 2009, 08:22 AM

My ex and I were together for three years he signed my sons birth certificate knowing he wasn't the father. He got a paternity test done and it indeed showed he is not the father of my son. Since we broke up he doesn't want anything to do with my son and I want his name removed from the birth certificate. I live in Arkansas I want to know what I have to do to get my sons last name changed to mine and my ex's name removed.

stevetcg · May 7, 2009, 10:10 AM

We you married? Did he also sign an acknowledgment of paternity when he signed the B/C? Signing the B/C might be the same - it varies from state to state.

He might be the legal father of the child regardless of biology, in which case you cannot have his name removed from the B/C.

You also would not be able to change the child's name without his consent.

I would recommend having a lawyer sort out paternity. If he is not the legal father, someone IS and that person would have to give consent to the name change.

ScottGem · May 7, 2009, 10:42 AM

Steve is right, by signing the because he may have acknowledged paternity biology notwithstanding. If he did not challenge paternity when he found out the test results, this will reinforce things.

So he may be the legal father whether he likes it or not.

VermillionsGirl · May 11, 2009, 06:17 AM

Originally Posted by stevetcg

We you married? Did he also sign an acknowledgment of paternity when he signed the B/C? Signing the B/C might be the same - it varies from state to state.

He might be the legal father of the child regardless of biology, in which case you cannot have his name removed from the B/C.

You also would not be able to change the child's name without his consent.

I would recommend having a lawyer sort out paternity. If he is not the legal father, someone IS and that person would have to give consent to the name change.

We did not get married. No he did not sign an acknowledgement of paternity. So what you're saying is I have to get in contact with him to get his name removed?

stevetcg · May 11, 2009, 06:23 AM

Originally Posted by VermillionsGirl

We did not get married. No he did not sign an acknowledgement of paternity. So wat you're saying is I have to get in contact with him to get his name removed?

That is the essence of what I am saying, yes.

VermillionsGirl · May 11, 2009, 08:02 PM

Originally Posted by stevetcg

That is the essence of what I am saying, yes.

And there is no other way around it because I really don't want to make contact with him.

Fr_Chuck · May 11, 2009, 08:07 PM

Sorry, he is the legal father regardless and has to be contacted, In fact in some areas he may not even be able to be removed depending on how long he has been, and/or the real bio father may have to file a claim for paternity against it in others.

ScottGem · May 12, 2009, 01:52 AM

Originally Posted by VermillionsGirl

And there is no other way around it because i really don't want to make contact with him.

If there was, don't you think we would have suggested something?

VermillionsGirl · May 13, 2009, 03:28 AM

Originally Posted by Fr_Chuck

sorry, he is the legal father regardless and has to be contacted, In fact in some areas he may not even be able to be removed depending on how long he has been, and/or the real bio father may have to file a claim for paternity against it in others.

Okay then. When I do make contact with him what is it that he and I both need to do?

ScottGem · May 13, 2009, 05:45 AM

Your best bet is to get an attorney to advise you. You need someone familiar with local laws and local courts. As we said, even if he isn't the bio father, he may still be the legal father and that may not be reversible at this time. So it may not even be possible.