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    MichaelG1000's Avatar
    MichaelG1000 Posts: 2, Reputation: 1
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    #1

    Nov 9, 2012, 10:12 PM
    Can the mother remove my name from birth certificate without my permission?
    My ex-girlfriend and I have a 2 year old son and we're in the middle of a custody battle, etc. She has recently asked that I agree to taking my name off our son's birth certificate if I agree to giving her full custody. I am the biological father and I said I couldn't agree to that. Is there any way she could do this without my consent or petition the court for this? I currently live in New York and my son was also born here and I've been seeing my son on court ordered visitations and I want to be a part of his life and his development as a child and participate as a parent. I've been ordered to pay child support that I've been doing (even though its not much right now) and I'm trying to add more income to provide more. What more can you tell me and what circumstances could arise that the court would allow the removal of a father from the birth certificate of his child if any? Can she do that?
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #2

    Nov 9, 2012, 11:16 PM
    Short answer... no, she can't.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #3

    Nov 10, 2012, 01:38 AM
    Hello MichaelG1000 !
    I do not know who said you that a mother and/or a court may remove a father's name from child birth certificate, but it is not true.
    MichaelG1000's Avatar
    MichaelG1000 Posts: 2, Reputation: 1
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    #4

    Nov 10, 2012, 01:01 PM
    Is it possible she can attempt to take my parental rights away after I give her full custody. I may be wrong but to my understanding is parental rights different from attempting to take my name off the birth certificate? For any reason, can she request that the court do this? What could the scenario or circumstances be and should I re-consider and try for full or joint custody? Also it seems from this whole experience that the system regarding judgement of custody, etc. seems a bit gender bias; meaning everything leans towards the mother. Is gender bias something I can claim in my case or would this be a case between me and NY state? Or is this a futile battle? To my understandiing, there is no real law that says in custody cases, judgement is normally rewarded to the mother. How can I persuade the court to strongly consider co-parenting in any judgement?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #5

    Nov 11, 2012, 10:48 PM
    Parental rights and being on someone's birth certificate are two different things.She can request what she wants but no one says she gets all. You may file for shared/joint legal custody and visitation.
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