If paternity has already been established and court orders support is in place but the father never signed the birth certificate and doesn't want to because it cost... but there is a guy that wants to step up to the plate and sign the birth certificate can this be done or is it legal steps to be taken since there is active child support in place...

No, you can't do that without getting into some real trouble. Also if you know who the father is and they have been proven by the courts then why would you want to change it?

Because its not about money with me the other guy genuienely wants to step in as the father figure the child needs because the bio is really non-active and full of empty promises so can I get the bio to sign over his right since he's not listed on the birthcertificate anyway and let the other guy step in bcause we are getting married and he wants to adopt... the child & make it legal

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Originally Posted by faithngrace831

Because its not about money with me the other guy genuienely wants to step in as the father figure the child needs because the bio is really non-active and full of empty promises so can i get the bio to sign over his right since he's not listed on the birthcertificate anyway and let the other guy step in bcause we are getting married and he wants to adopt....the child & make it legal

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So - wait until you are married, then have the bio father sign his consent and let the "other guy" become the father.

It's as easy as that.

No, the bio father in MOST cases cannot "sign away" his rights unless there is someone in place to adopt.

Exactly! Don't put the cart before the horse. Get married and then file for adoption. That's the only way he can legally become the father.

In the meantime, there is nothing to stop him from being a father to the child.

Thanks for your help I will surely keep you posted... godspeed...