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    SHARON1038's Avatar
    SHARON1038 Posts: 1, Reputation: 1
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    #1

    Apr 22, 2009, 12:20 PM
    Fathers rights to name on birth certificate
    I have been paying child support on a child that was said to be mine. I have been paying since 1996 when she was born. Ihave never seen her to this day. I was young and foolish back then Now I'm older and would like to at least be named the father on the birth certificate, So she can decide for herself if she wants to see me.When it was brought up to her mom that I wanted to be on the birth certificate she said absolutely not that that would never happen. To this day I don't even know if this child is mine or not. Since I have been paying child support this long is there anything I can do to prove she is or isn't my daughter And to get my name on the birth certificate or is it too late?
    I thought about visitation rights But I don't want to mess up her family life and have her confused. I have heard from different people that her mom has told her that her father died so she really don't know about me. What can I do and where would I start. I really don't have the funds to get a lawyer though. What can I do legally?
    TIM
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 22, 2009, 12:28 PM

    First, did you attend the child support hearing? If not, you need to get a transcript of that hearing, or at least the case/docket numbers. You should be able to get this from who you pay your support to (assuming its not directly to the mother).

    For child support to have been ordered, you would probably have been declared the legal father. That you did not fight this or request a paternity test was your foolishness. But that's water under the bridge.

    It depends on what state the child support case was in as to whether you have any rights at this point to protest paternity. It also depends on what you signed at the time.

    If you want your name on the because and any contact with the child you will need to go to court. If you don't have legal representation and the mother does, you will likely lose. But there are too many questions and issues for us to resolve here. You really can't afford NOT to have an attorney unless you just want to give up and accept the status quo.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #3

    Apr 22, 2009, 12:30 PM

    Is the cs court ordered? Or you have been paying for 13 years voluntary?
    You may sign "voluntary paternity acknowledgment".
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    Apr 22, 2009, 12:34 PM
    Quote Originally Posted by ScottGem View Post
    If you want your name on the b/c and any contact with the child you will need to go to court.
    .. If the paternity acknowledgment is made later/not at hospital/ or paternity is established by court order, DPH enters this information on the birth certificate.
    /If the Affidavit is completed after the birth certificate is filed with Vital Records, the custodian can take a copy to Vital Records and receive an amended birth certificate showing the father's name. There is a space on the Affidavit that allows for the change of the child's last name. A court order to change the child's last name is required to amend a birth certificate that has already been filed. /

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