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    confusious's Avatar
    confusious Posts: 1, Reputation: 1
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    #1

    Aug 31, 2012, 03:22 PM
    How to have the fathers name removed from a birth certificate in ny
    Is it possible, if agreed upon, to have the fathers name removed from the BC? My son is NOT the father of the 2 children that his wife has, but thought that it was the "right thing to do". The children are ages 2 & 1, and were born before they got married. They both want to dissolve the marriage.. I don't agree that he should have to pay child support.. thus my title question.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 31, 2012, 03:57 PM
    Of course he should pay child support, ( since this is the legal section, not the moral or relationship section) he should pay because at this point he is the legal father, He made a choice to commet a crime and commit fraud by signing the birth certificate. This legally made him the father of the children.

    He will need to hire an attorney and contest the paternity as part of the child support case during the divorce. The court will have to approve his being removed
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 31, 2012, 07:39 PM
    If they married after the children were born, then he consciously acknowledged and took responsibility for the children. It may be too late for him to challenge paternity. I haven't checked the laws in NYS on this. But many states have a limited windo on when paternity can be challenged and by who.

    I strongly suggest he retain an attorney who can advise him of his rights.

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