When my daughter was born my ex was thought to be her biological father but found out otherwise at a later date. Everything was proven through paternity tests, but now my problem is I don't even know where to begin getting everything resolved. My ex's name is on the birth certificate and needs to be replaced with her biological daddy as well as her last name needs to be changed to his. She is 17 months old and was born in the state of California. The two of us just moved to Arizona this last month to live with her my boyfriend/ her bio. Father. So what do I need to do as far as the name change goes and changing the birth certificate. Does this need to be handled in California or can I take care of it here in Arizona? I'm clueless... please help!:confused:

In some states the listed parent only as so many years to object, in others if you were married to the person listed, the other person does not even have a legal right to object.

To correct the original birth certificate it hs to be done in the state where the birth certificate was issued, and under their laws.

This can be very complicated and you should have an attorney for sure.

I would assume it all could be taken care of where you currently live... however some state require you live there a year before filing any such thing in court. So you would have to call your local courthouse and see would you be able to file there.

If so you will need to file a petition to have the birth certificate changed. You may be ordered by the court to take a new paternity test through them. Once the results come back the court will order the name be corrected on the birth certificate, at which time you could change her last name.

It wouldn't hurt to call around and get a free consultation with an attorney. It shouldn't cost very much to have an attorney handle it all for you.

You need to seek a lawyer and ask them how it can be handled. I believe in California there is a 2 year cut off. I read that in other posts : )
You might also check here to get some answers but I also believe that the city / county she was born in has jurisdiction of the birth certificate.

California Courts: Self-Help Center

All right I know I have already asked but I wanted to see if I could get more input... and yes I started emailing lawyers so I am also seeking everyone else's advice... Please Help!:eek:

Hi my name is nicole and I have a lot of questions and don't know where to begin to resolve them. My daughter is 18 months old and I need to get her birth certificate fixed. I origonally thought my ex was her father and had him sign her birth certificater and found out he wasn't when she was ten months old. I am now living in Arizona( from Cali one month ago) with her biological father. We had the paternity test done to prove it( although the test was done at home and says it cannot use for legal purposes because he didn't go to a clunic they sent it to his home.) So now I need to have my ex removed and him added to the birth cert. I understand I may need to do that in California but I was told I need a court order from my place of residence. I also Need to get her last name changed to that of her natural father and establish paternity. No need for support or custody or anything, we are in a relationship and living together. So I need to know the process in what I need to do and the costs to get it done. If you can help I would greatly appreciate it!
Thank You!

Ok, first you are doing the right thing e-mailing lawyers. What you need is to start getting consultations because each one charges their own amount. You do need to then get a court date set with your lawyer to have the judge order a DNA test. Once the results are in the Judge will then sign the paperwork to have the birth cirtificate and her name changed.

OK, time for an attorney, the bio father will have to make a motion with the court to estabish him as the father ( and there are time frames in some states, so if you wait too long it is possible it can not be changed. Not up on Califorina specificly. The court will order DNA tests though a lab that they reconise and get it done. The request for name change and change of birth certificate will be separate attached motions.

Really just an issue of a judge signing a lot of papers once the real bio father is proved. **** you said living with, did not see the words married to, so if you are not married, there needs to be a matter of custody awarded to you, to clear up any future issues. ** since you are in court anyway.

Where does your ex live?

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Originally Posted by George_1950

Where does your ex live?

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CA I hve lost contack with him and really we both want nothing to do with each other so I really hope I don't need to leagally do anything involing him since I have the results proving he is not her father

Was your ex your husband at the time you had the baby or just a boyfriend ? Is your child receiving support from your ex ? ( is a child support order in place ? ) Is the bio dad and yourself married ? A lot of those things can help or hinder your case.

California Courts: Self-Help Center
That link may also help you in your quest.

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Originally Posted by califdadof3

Was your ex your husband at the time you had the baby or just a boyfriend ? Is your child recieving support from your ex ? ( is a child support order in place ? ) Is the bio dad and yourself married ? Alot of those things can help or hinder your case.

California Courts: Self-Help Center
That link may also help you in your quest.

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Wasn't married and are not married no support

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Originally Posted by addicted2u143

CA i hve lost contack with him and really we both want nothing to do with eachother so i really hope i dont need to leagally do anything involing him since i have the results proving he is not her father

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He is at least the presumptive father; and one must hope he hasn't been adjudicated the father, yet. As the presumptive father, he is entitled to notice of this action or actions concerning the child. You will need an attorney to make certain that service requirements are met. Otherwise, at some later date, all of this work could be undone and of no legal effect.

I RECENTLY BECAME A RESIDENT OF AZ (OVER 6 MONTHS) MOVING FROM CALIFORNIA. I FILED TO ESTABLISH PATERNITY WITHE A COURT ORDER TO GET MY DAUGHTERS BIRTHCERTIFICATE CHANGED WITH HER BIOLOGICAL FATHER ADDED AND HER LAST NAME CHANGED. MY QUESTION IS WHAT HAPPENS AFTER I FILE, DO I TAKE THE CERTIFIED COPIES FROM THE CLERK TO CALIFORNIA VITAL RECORDS OR WILL THE COURT SEND ME SOMETHING ONCE ALL IS RESOLVED THAT THEY WILL EXCEPT? ANOTHER THING THAT I HOPE WILL NOT BE AN ISSUE IS THAT THE ORDER STATES TO ADD FATHER TO CERTIFICATE, AND NOT SPECIFICALLY REMOVE OTHER MAN WHO WAS PROVEN NOT TO BE THE FATHER. THE FORM DID NOT GIVE ME THAT OPTION. I AM HOPING THAT CA WILL JUST ADD WITHOUT ANYTHING ELSE NEEDED IF WE HAVE THE TEST RESUKLLTYS TO PROVE. ANY ADVICE IF I NEED TO WAIT OR JUST SEND IN MY COPIES THEY STAMPED WHEN I FILED?:confused:

Since the birth occurred and was recorded n CA, you have to file the court order making the changes with the CA agency involved. I would contact them for the exact procedure. Make sure you send a cover letter with explicit instructions.

To answer the question about which father is on the birth certificate, the bio father will replace the name on there right now. After you are in court and the test results come back possitive the judge will order the birth certificate to be changed.

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Originally Posted by stinawords

To answer the question about which father is on the birth certificate, the bio father will replace the name on there right now. After you are in court and the test results come back possitive the judge will order the birth certificate to be changed.

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We already have the results to prove it, my main concern was that based on calling the california office of vital records, it specifically says the order must include specific order to remove listed person and add proven bio father. The order that my paralegal prepared says to add, and says nothing about removing listed. I just don't want to run into further processes after. Im guessing i specifically need to speak to someone from the office.

I have a court case about changing my daughters last name to her biological fathers last name as well as changing the birth cert. (currently lists ex who was originally thought to be the father). I have the paternity tests for both showing this proof. I live in Arizona and filed to established paternity with request for order of named change. When I realized I did not include on the request to specifically remove incorrect man from and add her real father, I submitted a motion to clarify order. They denied that based on rule 43 of the Arizona rules of family law saying that there is no indication that a copy has been mailed to both parties as required by rule 43. My question is since they made a ruling dose that mean my case is closed? What can I do to keep this going? Do I need to mail the copy of the order to both men ( one being my fiancé who I live with) and submit a copy to the court? How do I show proof? Would a proof of delivery through certified mail be sufficient? And can it be signed by who ever answers the door or does it have to be signed specifically by him? The issue is that I only have his parents address and don't know if he lives there or not. Do I have any alternate options for this proof that I am sending this document? Please help I need to get this done and over with, thank you!

You have to send the docs with a Certificate of Service (certified mail too) and give the court a copy of the Certificate of Service showing you mailed the docs. To the other parties.

So - you need to read your Civil rules of procedures on your state website to see how to do this. You may be able to find it on line - here's one for Texas

CERTIFICATE OF SERVICE


I certify that a true copy of the foregoing has been forwarded by facsimile and by depositing under the care and custody of the United States Postal Service on the 18th day of September, 2008 via certified mail, receipt requested, addressed to the attorney of record for: XXXXX or put in the man's name and address.






________________________________________
Sign your name

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Originally Posted by traceyrco

You have to send the docs with a Certificate of Service (certified mail too) and give the court a copy of the Certificate of Service showing you mailed the docs. to the other parties.

So - you need to read your Civil rules of procedures on your state website to see how to do this. You may be able to find it on line - here's one for Texas

CERTIFICATE OF SERVICE


I certify that a true copy of the foregoing has been forwarded by facsimile and by depositing under the care and custody of the United States Postal Service on the 18th day of September, 2008 via certified mail, receipt requested, addressed to the attorney of record for: XXXXX or put in the man's name and address.






________________________________________
sign your name

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Thanks this really helps me a lot, what i am understanding from this it doesn't matter who signs if any one i just can do a certificate of service?. yay

Oh - take out the facsimile - I didn't see that in there.

Check with your state law though to make sure this is right. You'll find it under procedures or something like that on the state website. Good luck

In some states the moving party isn't allowed to send a certificate of service it has to be done by 3rd person. That's who would sign as witness on the dotted line that " they " put it in the mail. Also any one under age 18 signing anything isn't valid so be careful of that.

Make a few copies of the paperwork that you're filing with the court. Take a copy to the police department in the town that your ex resides in and ask them to serve the papers on him; most police department will do this for a fee, although not all. When the officer serves the papers on your ex, they will send you paperwork indicating that the papers have been served. Once you receive that paperwork, take it to court with you as proof that your ex has been informed of your intention.

You shouldn't need to mail the same paperwork to your fiancé, just have him show up in court with you acknowledging that he agrees with your motion.

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Originally Posted by addicted2u143

THATS A GREAT IDEA ALTHOUGH I LIVE IN AZ AND HE LIVES IN CA, I HAVE FAMILY THERE THOUGH WHO WOULD BE ABLE TO SERVE HIM POSSIBLY, IF I FIND OUT WHERE HE IS....?

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Unfortunately, your family can't serve him. They can, however, take the paperwork to the police FOR you and have him served that way.

alright so im getting married this comming february, and my fiance needs to get his custody/ support modified. I have been told that once we are married my income will be taken into consideration as well as his to determine how much support he pays, so we need to jump on the ball and get this done like asap if we can help it before february. (i know we are a little behind!) so the main question i have is it going to be benificial to get a laywer or can we do it alright with a paralegal to do our paperwork for us and move along representing himself? We have not a lot of money, but the concern is that his sons grandparents will hire a laywer for her and we will have the disadvantage. Do we some how scrounge up the money and get a lawyer or will it be better to show that he really is struggling and do it ourselves?

Quote:

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Originally Posted by addicted2u143

alright so im getting married this comming february, and my fiance needs to get his custody/ support modified. I have been told that once we are married my income will be taken into consideration as well as his to determine how much support he pays, so we need to jump on the ball and get this done like asap if we can help it before february. (i know we are a little behind!) so the main question i have is it going to be benificial to get a laywer or can we do it alright with a paralegal to do our paperwork for us and move along representing himself? We have not a lot of money, but the concern is that his sons grandparents will hire a laywer for her and we will have the disadvantage. Do we some how scrounge up the money and get a lawyer or will it be better to show that he really is struggling and do it ourselves?

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Some Attorneys are more qualified than others; some States do not allow Paralegals to appear in Court and/or give legal advice. In my State - NY - support will not be adjusted based on a "what if" and will only be adjusted following the marriage and filing for a change.

Where are you?

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Originally Posted by judykaytee

some attorneys are more qualified than others; some states do not allow paralegals to appear in court and/or give legal advice. In my state - ny - support will not be adjusted based on a "what if" and will only be adjusted following the marriage and filing for a change.

Where are you?

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I am in az, and the change is income and he has another child, when support was established he did not, also we end up having his child just over 50 % of the time which is more than is on paper, she should be carrying insurance on him and has not in who knows how long. When we took him he was a couple years behind in his shots. He as well as her live in boyfriend have been arrested numerous times with him there. There is a list where I think we have a good shot getting the support down and modified custody. As far as us getting married we just want to get this modified before February so my income is not counted.

Quote:

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Originally Posted by addicted2u143

i am in az, and the change is income and he has another child, when support was established he did not, also we end up having his child just over 50 % of the time which is more than is on paper, she should be carrying insurance on him and has not in who knows how long. When we took him he was a couple years behind in his shots. He as well as her live in boyfriend have been arrested numerous times with him there. There is a list where i think we have a good shot getting the support down and modified custody. As far as us getting married we just want to get this modified before february so my income is not counted.

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The site to calculate child support in Arizona is Welcome to the Arizona Child Support Guidelines Calculator I don't like to post sites but it's impossible to give any opinion without a lot of personal information.

As I read Arizona law the "ex" is entitled to go back into Court any time there are significantly changed circumstances and I would be concerned that your Order prior to your marriage will be changed if she decides to file again following your marriage.

As far as support and custody - support is by Statute and only you know the custody circumstances.

If the "ex" is in violation of a Court Order he probably should have taken her back into
Court some time ago, but I'm sure you realize that.

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Originally Posted by judykaytee

the site to calculate child support in arizona is welcome to the arizona child support guidelines calculator i don't like to post sites but it's impossible to give any opinion without a lot of personal information.

As i read arizona law the "ex" is entitled to go back into court any time there are significantly changed circumstances and i would be concerned that your order prior to your marriage will be changed if she decides to file again following your marriage.

As far as support and custody - support is by statute and only you know the custody circumstances.

If the "ex" is in violation of a court order he probably should have taken her back into
court some time ago, but i'm sure you realize that.

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Yes yes he needs a little nudge so we can get this going, and yes I do realize she can go back later and have it adjusted, but we can go from there later, thanks for your help I appreciate it!!

Hi I have a question where I have gotten conflicting info and wonder if anyone has more info for me?.

My fiancé is going to file a case to modify his custody time and support for his son of a previous relationship. We will be getting married in less than 2 months. So my question is, if the court case is not finished by tthen( which I am guessing it will not be) will my income count in what they are determining his support to be. Most people that I have spoken to believed it would when we are married, which makes sense in the fact that taxes are filed together along with mostly everything being joint, but he has briefly talked to a laywer who he will have a cunsultation with and most likely handling his case and she said that it does not count. It would be souly determined on his income. So I would have to assume being familiar in law she knows what she is talking about. We are in the state of Arizona. I don't know if it matters I make the money for now... he was just laid off a week ago and is currently looking for work. But we are hoping thet he will have a job by the time he goes to court. If anyone has any input I would love to hear it!

Thanks!

Quote:

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Originally Posted by addicted2u143

Hi I have a question where I have gotten conflicting info and wonder if anyone has more info for me? .........

My fiance is going to file a case to modify his custody time and support for his son of a previous relationship. we will be getting married in less than 2 months. so my question is, if the court case is not finished by tthen( which I am guessing it will not be) will my income count in what they are determining his support to be. Most people that I have spoken to believed it would when we are married, which makes sence in the fact that taxes are filed together along with mostly everything being joint, but he has briefly talked to a laywer who he will have a cunsultation with and most likely handling his case and she said that it does not count. It would be souly determined on his income. So I would have to assume being familiar in law she knows what she is talking about. we are in the state of Arizona. I dont know if it matters i make the money for now...he was just laid off a week ago and is currently looking for work. But we are hoping thet he will have a job by the time he goes to court. if anyone has any input I would love to hear it!

thanks!

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It's a complicated system - I don't like to just post the site but here it is (only you know the answers to the questions):

Welcome to the Arizona Child Support Guidelines Calculator

I notice you've posted basically this same question before - after I answered. These posts should be combined for ease in other people answering.

Quote:

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Originally Posted by addicted2u143

Hi I have a question where I have gotten conflicting info and wonder if anyone has more info for me? .........

My fiance is going to file a case to modify his custody time and support for his son of a previous relationship. we will be getting married in less than 2 months. so my question is, if the court case is not finished by tthen( which I am guessing it will not be) will my income count in what they are determining his support to be. Most people that I have spoken to believed it would when we are married, which makes sence in the fact that taxes are filed together along with mostly everything being joint, but he has briefly talked to a laywer who he will have a cunsultation with and most likely handling his case and she said that it does not count. It would be souly determined on his income. So I would have to assume being familiar in law she knows what she is talking about. we are in the state of Arizona. I dont know if it matters i make the money for now...he was just laid off a week ago and is currently looking for work. But we are hoping thet he will have a job by the time he goes to court. if anyone has any input I would love to hear it!

thanks!

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According to Arizona law and CS Guidelines only a parent os obligated to pay CS.


A parent's legal duty is to support his or her natural or adopted children. The "support" of other persons such as stepchildren or parents is deemed voluntary and is not a reason for an adjustment in the amount of child support determined under the guidelines.
In any action to establish or modify child custody, and in any action to establish child support or past support or to modify child support, whether temporary or permanent, local or interstate, the amount resulting from application of these guidelines shall be the amount of child support ordered. These include, without limitation, all actions or proceedings brought under Title 25 of the Arizona Revised Statutes (including maternity and paternity) and juvenile court actions in which a child support order is established or modified.

DETERMINATION OF THE GROSS INCOME OF THE PARENTS
Gross income includes income from any source, and may include, but is not limited to,income from salaries, wages, commissions, bonuses, dividends, severance pay,pensions, interest, trust income, annuities, capital gains, social security benefits (subject to Section 26), worker's compensation benefits, unemployment insurance benefits,disability insurance benefits, recurring gifts, prizes, and spousal maintenance
The court should generally not attribute additional income to a parent if that would require an extraordinary work regimen. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours and working conditions.
If a parent is unemployed or working below full earning capacity, the court may consider the reasons. If earnings are reduced as a matter of choice and not for reasonable cause, the court may attribute income to a parent up to his or her earning capacity.

Only income of persons having a legal duty of support shall be treated as income under the guidelines. For example, income of a parent's new spouse is not treated as income of that parent.
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Originally Posted by gv70

according to arizona law and cs guidelines only a parent os obligated to pay cs.


A parent's legal duty is to support his or her natural or adopted children. The "support" of other persons such as stepchildren or parents is deemed voluntary and is not a reason for an adjustment in the amount of child support determined under the guidelines.
In any action to establish or modify child custody, and in any action to establish child support or past support or to modify child support, whether temporary or permanent, local or interstate, the amount resulting from application of these guidelines shall be the amount of child support ordered. These include, without limitation, all actions or proceedings brought under title 25 of the arizona revised statutes (including maternity and paternity) and juvenile court actions in which a child support order is established or modified.

Determination of the gross income of the parents
gross income includes income from any source, and may include, but is not limited to,income from salaries, wages, commissions, bonuses, dividends, severance pay,pensions, interest, trust income, annuities, capital gains, social security benefits (subject to section 26), worker's compensation benefits, unemployment insurance benefits,disability insurance benefits, recurring gifts, prizes, and spousal maintenance
the court should generally not attribute additional income to a parent if that would require an extraordinary work regimen. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours and working conditions.
If a parent is unemployed or working below full earning capacity, the court may consider the reasons. If earnings are reduced as a matter of choice and not for reasonable cause, the court may attribute income to a parent up to his or her earning capacity.

Only income of persons having a legal duty of support shall be treated as income under the guidelines. For example, income of a parent's new spouse is not treated as income of that parent.
__________________

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That is great thank you so much for the info! I truly appreciate it!