[maravillosac]

My daughter is 6 years old and I need to change her birth certificate. I was unaware that the guy bringing the form downstairs for the birth certificate was going to put his name as if he was the father and he signed it and now the child has her last name. The birth certificate is from NY and I reside now in FLORIDA. They told me I had to get him to sign a form saying he isn't the father but he's not willing to do it nor do we know where he is. I have a DNA test for the actual father and he wants to be on the birth certificate. How can I change this so I can take him to child support?

[ScottGem]

You need to go to Family court and establish legal paternity.

When did you find out the other guy had put his name on the because? You shoul dhave gone after him for support if he was willing to take paternity.

[maravillosac]

Birth certificate and I left it cause at the time biological dad didn't care and I felt like I shudnt ask him for support, so if I go to court can they just remove his name and have the biological dad fill out the form with the DNA Proof?

You need to go to Family court and establish legal paternity.

When did you find out the other guy had put his name on the bc? You shoul dhave gone after him for support if he was willing to take paternity.

[GV70]

Did he and you sign Paternity acknowledgment?

[GV70]

742.011 Determination of paternity proceedings; jurisdiction.—Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.

742.10 Establishment of paternity for children born out of wedlock.—
(4) After the 60-day period referred to in subsection (1), a signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger,

42.108  Criminal penalties for false statements of paternity.—Notwithstanding any other provision of law, any person who knowingly and willfully provides false information to the sheriff’s office, other law enforcement agency, or governmental agency, or under oath regarding the paternity of a child in conjunction with an application for, or the receipt of, public assistance for a dependent child commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, in addition to remaining subject to any other civil or criminal penalties for perjury or making false statements which are applicable under other provisions of law.

742.18 Disestablishment of paternity or termination of child support obligation.—
(1) This section establishes circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation.

(3) Notwithstanding subsection (2), a court shall not set aside the paternity determination or child support order if the male engaged in the following conduct after learning that he is not the biological father of the child:
(a) Married the mother of the child while known as the reputed father in accordance with s. 742.091 and voluntarily assumed the parental obligation and duty to pay child support;
(b) Acknowledged his paternity of the child in a sworn statement;
(c) Consented to be named as the child’s biological father on the child’s birth certificate;

[Fr_Chuck]

Ok first this is not just some guy correct ? And he was not just bringing you the form.
This was your boyfriend perhaps at the time.

Lets give the correct story first, since tell us what he will tell the court when it goes there.
And it will need to go to court to prove paternity.

Have you filed for child support against the current legal father on the birth certifcate

[AK lawyer]

742.011 Determination of paternity proceedings; jurisdiction.—Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, ...

You are quoting Florida statutes by-the-way. It's interesting to note that, in keeping the phrase "in chancery" on the books, the legislature seems to have forgotten that it merged law and equity a half century (or so) ago. :)

Since the child was born in New York, changing the birth certificate would depend upon the New York laws, not those of Florida.