I married just before my son was born, the guy I married is not the father of my child, we both know this. I have since divorced him and he is incarcerated in Co for petofile issues. How would I have him removed off the birth certificate and change my sons last name?

petofile issues.
What does it mean?:confused::confused::confused:

I think she means "pedophile"

Yikes, what a mess...

My first "gut" feeling is you probably can't have his name removed, but you probably could have his parental rights terminated. In the jurisdiction I live in the standard for terminating a parents rights is current unfitness (I would guess it is similar in yours) and it certainly sounds as though the "father" is unfit.

It may be possible for a skilled family law attorney to find something in the law of your state to make an argument for the child's best interests, to remove the persons name from the birth certificate (If he will agree that might make the difference).