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    ttamara11's Avatar
    ttamara11 Posts: 2, Reputation: 1
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    #1

    Oct 19, 2011, 08:17 PM
    Taking father's name off birth certificate
    When I had my daughter 5yrs ago, I wasn't married and I placed her father's name on her birth paper with the intention of us getting married. That didn't happen, and he doesn't support her at all. He's never been to NY; he lives in Trinidad. How can I get his name taken off?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 19, 2011, 08:43 PM
    I don't know how you managed to put his name on the BC if you weren't married and he didn't sign an affidavit of paternity, but putting his name on a birth certificate is not an engagement present; it's the record of who the parents are. If he is in fact the father, you owe it to your daughter to leave the birth certificate alone.

    And in any case, it is doubtful that you can change it now.
    ttamara11's Avatar
    ttamara11 Posts: 2, Reputation: 1
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    #3

    Oct 19, 2011, 08:54 PM
    When asked, I said I was married. We were living together years before, and we were to get married in that same month, but he turned out to be a fraud. He is the father, but I don't live there anymore. Anything I try to get for my daughter [included] the issue of having his name there, e.g. for a passport.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #4

    Oct 19, 2011, 09:12 PM
    It is not YOUR birth certificate.

    It is your DAUGHTER'S birth certificate.

    Just because YOU want to erase the fact that you had sex with this man does not negate the fact that HER birth certificate is a LEGAL RECORD of her biological parents.

    In other words--you CANNOT remove her father from the birth certificate because you're ticked off that your relationship didn't work out.

    Sorry, but you don't get to change legal records for your convenience.
    svazloya's Avatar
    svazloya Posts: 4, Reputation: 2
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    #5

    Oct 19, 2011, 10:02 PM
    Unfortunately you cannot remove it. My husband has been taking care of our oldest daughter since she was 3 and the only thing she knows about her biological father is his name because of her certificate. My husband is my daughters dad, but unfortunately he is not her biological father. The only regret I have ever had was suing him for child support, paternity testing was required and his name had to go on it after that and they wouldn't let me remove his name either, but what sucked the most, was even after all of that, and 13 years later I have only received $700 dollars! Sorry:(
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Oct 20, 2011, 05:42 AM
    Actually not sure where you are at svazloya but the name does not go on the birth certificate if you file for child support, paternity has to be proven, but that does not automatically put the name on the birth certificate at any place I have been at.
    Your location may be different.

    It is never a mistake to file for support, it is the right your child has, and something that should be fought for and enforced. Many states will even put the person in jail if they ontinue not to pay, But the parent not receiving the money has to keep after the courts.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #7

    Oct 20, 2011, 08:32 PM
    So... Svazloya, you disagree with my answer.

    On what legal grounds, please?

    You think it SHOULD be okay to change a legal document simply because you don't want to be reminded of your past, regardless that it is your child's genetic and biological history?

    I realize that not all biological parents are ideal role models for their children, but they are still the legal parent until a LEGAL adoption happens, and they are still a part of who your child is.

    Changing a birth certificate is not and should not be like changing boyfriends. And frankly, if you want your child to be adopted by your husband, there are legal avenues for that, rather than just up and changing history to be the way you wish it was instead of the way it actually was.
    chosen7116's Avatar
    chosen7116 Posts: 1, Reputation: 1
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    #8

    Apr 3, 2012, 05:06 PM
    My son wants to take his name off the birth certificate of his children because he cannot discipline his children or keep them to visit as long as they want. The grandparents seem to have all the say in their upbringing regardless if it is wrong. He must only pay their bills. So he has decided to take his name off and give them all the rights. In the court system the father never seems to get any justice only to pay the mothers money and no one keeps account if these monies are being used for the welfare of the children.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Apr 3, 2012, 05:36 PM
    Quote Originally Posted by chosen7116 View Post
    ... So he has decided to take his name off and give them all the rights. ...
    He has "decided" to do that, huh? How does he intend to go about doing it?

    No, it doesn't work that way.

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