Ask Experts Questions for FREE Help !
Ask
    lizwells's Avatar
    lizwells Posts: 1, Reputation: 1
    New Member
     
    #1

    May 14, 2012, 12:56 AM
    Removing name from birth certificate
    My partner and I had a daughter, we have split after 5 years, he does not help me financially am I able to remove his name from her birth certificate,
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    May 14, 2012, 03:57 AM
    No! The birth certificate is a legal document. Like it or not he is still the child's father.

    Why isn't he helping you financially? Do you have a child support order?
    reedsmom's Avatar
    reedsmom Posts: 5, Reputation: 0
    New Member
     
    #3

    May 14, 2012, 07:43 AM
    I had my son's last name changed to my last name and it wasn't a hard process. The bottom line is what the child custody agreement order says. If you have FULL legal custody, which gives you the right to make any major life decisions (medical, education, religion, etc) independent of your child's fahter. If you do have this, then you need to sign the back of the child's birth certificate (original, can't be copy) where there is a place to change name which is where you can add your last name. Take the birth certificate with name change on back and custody agreement to a notary and have it notorized. Then you need to send that along with the child custody agreement that states you have full legal custody to the dept of vital records (I live in PA and that is where you get copies of birth certificates, make changes, etc.; not sure if it's the same in every state) and they will then change the name and send you a new birth certificate. I actually sent them a check for whatever it said a copy of a because would cost and that got sent back to me because it wasn't technically a copy, it was a new certificate so all I had to pay was for the notary, which I think was about $5. I only did this because my son was at the age where it was getting to be embarressing for him to have a diff last name than me and his father was totally out of the picture (of his own choosing). I didn't want to have him lose his dad's last name entirely so I kept it in his full name but it technically is now a second middle name for him. If you want to keep your child's dad's last name in the last name then you can always hyphonate it. Best thing to do would be to call the department of whoever does birth certficates in your state. Again, check your custody agreement to see what kind of legal custody you have. I believe if you have joint legal cust then he will need to sign off on any name changes. Sorry for the long answer! Hope it helps and good luck!
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    May 14, 2012, 08:37 AM
    Quote Originally Posted by reedsmom View Post
    I had my son's last name changed to my last name and it wasn't a hard process. ... (i live in PA ... not sure if its the same in every state)
    Thanks for trying to help another member. However, that is not the way it is in every state. In fact, PA may be unusual in allowing a name change without a court order. In most US states a birth certificate is considered a legal document and can't be changed, except by court order. Also, a single parent having sole legal custody is somewhat unusual.

    Of several birth certificates I've seen, none have had a place on the back to indicate a name change.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #5

    May 14, 2012, 09:09 AM
    Quote Originally Posted by reedsmom View Post
    I had my son's last name changed to my last name and it wasn't a hard process. ...
    I am very surprised if it's as easy, in Pennsyalvania, as you indicate.

    But there are a few issued which need correction:

    Quote Originally Posted by reedsmom View Post
    ... If you have FULL legal custody, which gives you the right to make any major life decisions (medical, education, religion, etc) independent of your child's fahter.
    Custody includes legal custody (as you correctly defined) as well as physical custody (who gets to have the child with him/her, and when). Did you have full physical custody too?

    Quote Originally Posted by reedsmom View Post
    I... you need to sign the back of the child's birth certificate (original, can't be copy) where there is a place to change name which is where you can add your last name. Take the birth certificate with name change on back and custody agreement to a notary and have it notorized. ...
    If a notary is to notarize a document, you actually should wait until you get to the notary before you sign it.

    Quote Originally Posted by reedsmom View Post
    ...Then you need to send that along with the child custody agreement that states you have full legal custody to the dept of vital records (i live in PA and that is where you get copies of birth certificates, make changes, etc.; not sure if its the same in every state) and they will then change the name and send you a new birth certificate. ...
    As ScottGem has said, this is very unusual. I for one am dubious, to say the least.
    reedsmom's Avatar
    reedsmom Posts: 5, Reputation: 0
    New Member
     
    #6

    May 14, 2012, 10:00 AM
    Yes, I do have full custody as well. He is allowed to see him but only under my disgression and supervised. His father has issues that I am not going to get into online with a stranger, but they were enough to grant me both full physical and legal custody. Regarding signing the birth certificate AT the notary.. that is what I meant, and did, but didn't specify correctly in my response. I have no reason for lying or giving false information, just saying what happened in my situation. I didn't delete his father's last name from his name, but I was told it was now a second middle name since it is not hyphonated. It was a much easier process than I had ever imagined and would have done sooner had I known how easy it was. I assumed I would need to hire a lawyer, go to court, etc. to get the name change but again, because I have full legal custody I was able to make the change independent of his father. They said that the physical custody order doesn't have anything to do with the name change as that only concerns visitation, not legal decisions for the child.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #7

    May 14, 2012, 11:20 AM
    Quote Originally Posted by reedsmom View Post
    If you have FULL legal custody...
    Huh... I have never heard about FULL legal custody.By the way the legal term is SOLE custody.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    May 14, 2012, 11:39 AM
    Quote Originally Posted by reedsmom View Post
    I have no reason for lying or giving false information, just saying what happened in my situation.
    No one is saying you were giving false info. We were just pointing out that your situation was not usual and that, in most circumstances the consent of both parents is required or at least solicited. If the other parent doesn't respond to a court summons the change may be granted by default.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #9

    May 14, 2012, 12:32 PM
    Quote Originally Posted by ScottGem View Post
    No one is saying you were giving false info. We were just pointing out that your situation was not usual and that, in most circumstances the consent of both parents is required or at least solicited. ...
    What Reedsmom reported seems to be somewhat consistent with this, assuming the child was not over a year in age:

    "How to Correct Minor Errors on a Newborn's Certificate

    Minor errors in the child or parents' names, such as spelling and typographical errors, the sex of the child, day of birth of the child, can usually be corrected. The Division of Vital Records provides a complimentary Certification of Birth to the parents shortly after a child's birth. Please list the information to be corrected on the reverse side of this Certification of Birth under "Corrections Desired." It will be necessary for the mother to sign in the designated area; however, it does not require notarization if it is returned to the Division within six months of the date filed.
    ...
    How to Correct Minor Errors on the Birth Certificate of a Child Over the Age of 1

    Minor errors in the child or parents' names, such as spelling and typographical errors, the sex of the child, day of birth of the child, can usually be corrected. If you have an incorrect Certification of Birth, please list the information to be corrected on the reverse side under "Corrections Desired." It will be necessary for both parents to sign in the designated area in the presence of a notary.
    ..." Birth Certificates

    What I don't see, however, is anthing allowing the last name of the child to be changed (other than a "minor error" in spelling, without the father's consent, depending on whether she has "full custody".
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    May 14, 2012, 01:06 PM
    Quote Originally Posted by AK lawyer View Post
    What I don't see, however, is anthing allowing the last name of the child to be changed (other than a "minor error" in spelling, without the father's consent, depending on whether she has "full custody".
    I looked over the site and I agree there seems to be no specific provision for getting the change without both parents agreement. My suspicion is she inquired at the Bureau of Vital Statistics and was told she could do it by producing documentation of her having sole Legal custody. But I believe the Bureau acted improperly in allowing the change.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert
     
    #11

    May 14, 2012, 01:56 PM
    Quote Originally Posted by ScottGem View Post
    I looked over the site and I agree there seems to be no specific provision for getting the change without both parents agreement. My suspicion is she inquired at the Bureau of Vital Statistics and was told she could do it by producing documentation of her having sole Legal custody. But I believe the Bureau acted improperly in allowing the change.
    Agreed. Everything Im reading says it requires both parents to sign for it. Or by court order. Just as it is in most states. Something is very odd for sure and were not getting the whole story here.

    The whole reason behind it is to keep from hiding the child through a name change. That is why both parties need to be aware of what is happening.

    http://www.ehow.com/how_6623358_change-child_s-name-pennsylvania.html

    http://www.portal.state.pa.us/portal/server.pt/community/birth_certificates/14121/corrections_to_birth_certificates/612936

    http://www.portal.state.pa.us/portal/server.pt/gateway/PTARGS_0_76016_445173_0_0_18/Birth_cert_correction.pdf
    reedsmom's Avatar
    reedsmom Posts: 5, Reputation: 0
    New Member
     
    #12

    May 14, 2012, 02:22 PM
    Omg, I am extremely regretful that I ever tried to offer any help with what happened in my situation. I am not a lawyer by any means nor have I ever said I was. I was simply trying to help by telling what happened in my situation. I specified that I live in PA and that I wasn't aware of other the law in other states. Sorry I haven't used all of the correct legal termination, again, not a lawyer. If I had anything to hide I wouldn't have posted to begin with. What would I have to gain from lying?? What I have stated above was exactly how and what happened when I wanted to add my last name to my son's name. I didn't take away his father's name as it was kept as part of his full name but since I didn't hyphonate it with my last name it was told to me by vital records that it would be a second middle name as my name was added to be his legal last name. I am not running from anyone, trying to hide, change anyone's identity, etc. lol I am very available to my son's father, it is his choice not to be involved. I'm not sure what any of you want from me but I will be unsubscribing to this website as I was actually on to find an answer for something entirely different but saw this thread and thought I'd help. All I know is that I did what I was told from the dept of vital records to obtain the name change and the notary was familiar with doing what I had done. This is freaking ridiculous. So much for trying to help someone.

    And by the way, his father IS aware that my last name was added to my son's name as his last name, again, not that it mattered because of me having SOLE legal custody. So, sorry to disappoint anyone, but nothing suspicious occurred. No lifetime movie going on here.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #13

    May 14, 2012, 03:12 PM
    Quote Originally Posted by reedsmom View Post
    what would i have to gain from lying??? what i have stated above was exactly how and what happened when i wanted to add my last name to my son's name..
    Why are you getting so defensive? No one is saying you are lying. We understand you were trying to help. But we have a standard of accuracy here. And when we see someone give advice that we know goes against the law, we need to comment. That's what we have tried to do here. You advised the OP that you got this done easily. Yet, in most situations this is not easy and the law does not allow, as shown by the links that this is easy. I don't know what happened in your situation. Maybe the bureau overstepped its bounds. Maybe they allowed it because you weren't removing his name. I don't know exactly what happened.

    Again no one is saying you aren't telling the truth, but we want to ensure that we give the best advice we can. And that's all that is happening here.
    reedsmom's Avatar
    reedsmom Posts: 5, Reputation: 0
    New Member
     
    #14

    May 15, 2012, 05:27 AM
    I am getting defensive because comments have been made that the whole story isn't being told here, people questioning my posts, etc. Again, I would have nothing to gain from making this up. I didn't think it would be as easy as it was and like I said before, assumed I would need to take his father to court in order to add my last name, but that wasn't the case. I was told the reason I didn't need to have his father's permission was because I have sole legal custody. I have a friend who did the same thing exact thing, was in same situation with having sole legal custody, lives in PA, and was able to add her last name to her daughter's name doing just what I was told to do. So, if two of us were told to do the same thing and had the same results in PA then I would guess that it is legal to do things this way? I do not like the fact that it's being insinuated that my son's birth certificate isn't legit or that " something is very odd for sure and were not getting the whole story here" as was posted in another thread. THERE IS NOTHING ELSE TO THE STORY! I would never give anyone false information and was only trying to help. But again, I was not removing his father's last name, only adding my last name to his name so maybe the laws are different for that kind of situation? My point to the original question wasn't that she would be able to do things the same way I did, I have no idea what state she lives in, but that I would suggest she contact her state's dept of records to see what they say she would have to do in her state.
    J_9's Avatar
    J_9 Posts: 40,273, Reputation: 5644
    Expert
     
    #15

    May 15, 2012, 05:40 AM
    Okay, back on track. The OP isn't asking to change the child's last name but to have the father removed from the birth certificate. Those are two different things.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #16

    May 15, 2012, 06:02 AM
    Quote Originally Posted by reedsmom View Post
    I am getting defensive because comments have been made that the whole story isn't being told here, people questioning my posts, etc.
    And again, no one is saying you are making anything up. But what you said does go against published policy and the law. That's all we are trying to point out for the sake of accuracy and the OP.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Removing my name from a birth certificate [ 5 Answers ]

I was told 2 months after last being with a female friend that she was pregnant and I was the father. We were in a relationship in the past that didn't last but remained friends (and more when needed). I went along through the pregnancy and the birth and signed the child's birth certificate as his...

Removing my child father name off his birth certificate [ 3 Answers ]

I want to take my child father name off of our child's birth certificate due to thefact that my family has a family reunion coming up in 2011 and he doesnt want me to leave the states with our son he doesn't want to sign the paper for his passport.

Removing father's name from birth certificate [ 1 Answers ]

About 20 yrs ago I married this girl who said she was pregnant with my child. We married a few months after the baby was born. Then after 2 years she confessed and admitted to me that I was not the child's father. We then got a divorced and she was to change her legal name and told me that she...

Removing the non-biological father off birth certificate [ 1 Answers ]

My boyfriend signed the birth certificate and we did a Legal DNA test through DNA diagnostic and found that he is not the biological father. I determined how to change my sons last name, but I do not know how or what to file in order to remove him as the legal father from the birth certificate in...

Removing father's name from birth certificate [ 1 Answers ]

When my daughter was born the guy I was seeing at the time and the man that I thought was her father signed the birth certificate, shortly thereafter we have found out he is in fact not her father and I am wanting his name removed from the birth certificate and her last name changed. How do I go...


View more questions Search