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addicted2u143 · Feb 12, 2008, 12:13 PM

When my daughter was born my ex was thought to be her biological father but found out otherwise at a later date. Everything was proven through paternity tests, but now my problem is I don't even know where to begin getting everything resolved. My ex's name is on the birth certificate and needs to be replaced with her biological daddy as well as her last name needs to be changed to his. She is 17 months old and was born in the state of California. The two of us just moved to Arizona this last month to live with her my boyfriend/ her bio. Father. So what do I need to do as far as the name change goes and changing the birth certificate. Does this need to be handled in California or can I take care of it here in Arizona? I'm clueless... please help!:confused:

Fr_Chuck · Feb 12, 2008, 04:41 PM

In some states the listed parent only as so many years to object, in others if you were married to the person listed, the other person does not even have a legal right to object.

To correct the original birth certificate it hs to be done in the state where the birth certificate was issued, and under their laws.

This can be very complicated and you should have an attorney for sure.

macksmom · Feb 12, 2008, 04:43 PM

I would assume it all could be taken care of where you currently live... however some state require you live there a year before filing any such thing in court. So you would have to call your local courthouse and see would you be able to file there.

If so you will need to file a petition to have the birth certificate changed. You may be ordered by the court to take a new paternity test through them. Once the results come back the court will order the name be corrected on the birth certificate, at which time you could change her last name.

It wouldn't hurt to call around and get a free consultation with an attorney. It shouldn't cost very much to have an attorney handle it all for you.

cdad · Feb 12, 2008, 06:25 PM

You need to seek a lawyer and ask them how it can be handled. I believe in California there is a 2 year cut off. I read that in other posts : )
You might also check here to get some answers but I also believe that the city / county she was born in has jurisdiction of the birth certificate.

California Courts: Self-Help Center

addicted2u143 · Feb 29, 2008, 03:58 PM

All right I know I have already asked but I wanted to see if I could get more input... and yes I started emailing lawyers so I am also seeking everyone else's advice... Please Help!:eek:

Hi my name is nicole and I have a lot of questions and don't know where to begin to resolve them. My daughter is 18 months old and I need to get her birth certificate fixed. I origonally thought my ex was her father and had him sign her birth certificater and found out he wasn't when she was ten months old. I am now living in Arizona( from Cali one month ago) with her biological father. We had the paternity test done to prove it( although the test was done at home and says it cannot use for legal purposes because he didn't go to a clunic they sent it to his home.) So now I need to have my ex removed and him added to the birth cert. I understand I may need to do that in California but I was told I need a court order from my place of residence. I also Need to get her last name changed to that of her natural father and establish paternity. No need for support or custody or anything, we are in a relationship and living together. So I need to know the process in what I need to do and the costs to get it done. If you can help I would greatly appreciate it!
Thank You!

stinawords · Feb 29, 2008, 04:09 PM

Ok, first you are doing the right thing e-mailing lawyers. What you need is to start getting consultations because each one charges their own amount. You do need to then get a court date set with your lawyer to have the judge order a DNA test. Once the results are in the Judge will then sign the paperwork to have the birth cirtificate and her name changed.

Fr_Chuck · Feb 29, 2008, 05:12 PM

OK, time for an attorney, the bio father will have to make a motion with the court to estabish him as the father ( and there are time frames in some states, so if you wait too long it is possible it can not be changed. Not up on Califorina specificly. The court will order DNA tests though a lab that they reconise and get it done. The request for name change and change of birth certificate will be separate attached motions.

Really just an issue of a judge signing a lot of papers once the real bio father is proved. **** you said living with, did not see the words married to, so if you are not married, there needs to be a matter of custody awarded to you, to clear up any future issues. ** since you are in court anyway.

George_1950 · Feb 29, 2008, 05:21 PM

Where does your ex live?

addicted2u143 · Feb 29, 2008, 06:04 PM

Originally Posted by George_1950

Where does your ex live?

CA I hve lost contack with him and really we both want nothing to do with each other so I really hope I don't need to leagally do anything involing him since I have the results proving he is not her father

cdad · Feb 29, 2008, 06:32 PM

Was your ex your husband at the time you had the baby or just a boyfriend ? Is your child receiving support from your ex ? ( is a child support order in place ? ) Is the bio dad and yourself married ? A lot of those things can help or hinder your case.

California Courts: Self-Help Center
That link may also help you in your quest.

addicted2u143 · Feb 29, 2008, 07:10 PM

Originally Posted by califdadof3

Was your ex your husband at the time you had the baby or just a boyfriend ? Is your child recieving support from your ex ? ( is a child support order in place ? ) Is the bio dad and yourself married ? Alot of those things can help or hinder your case.

California Courts: Self-Help Center
That link may also help you in your quest.

Wasn't married and are not married no support

George_1950 · Feb 29, 2008, 07:13 PM

Originally Posted by addicted2u143

CA i hve lost contack with him and really we both want nothing to do with eachother so i really hope i dont need to leagally do anything involing him since i have the results proving he is not her father

He is at least the presumptive father; and one must hope he hasn't been adjudicated the father, yet. As the presumptive father, he is entitled to notice of this action or actions concerning the child. You will need an attorney to make certain that service requirements are met. Otherwise, at some later date, all of this work could be undone and of no legal effect.

addicted2u143 · Jul 28, 2008, 12:23 PM

I RECENTLY BECAME A RESIDENT OF AZ (OVER 6 MONTHS) MOVING FROM CALIFORNIA. I FILED TO ESTABLISH PATERNITY WITHE A COURT ORDER TO GET MY DAUGHTERS BIRTHCERTIFICATE CHANGED WITH HER BIOLOGICAL FATHER ADDED AND HER LAST NAME CHANGED. MY QUESTION IS WHAT HAPPENS AFTER I FILE, DO I TAKE THE CERTIFIED COPIES FROM THE CLERK TO CALIFORNIA VITAL RECORDS OR WILL THE COURT SEND ME SOMETHING ONCE ALL IS RESOLVED THAT THEY WILL EXCEPT? ANOTHER THING THAT I HOPE WILL NOT BE AN ISSUE IS THAT THE ORDER STATES TO ADD FATHER TO CERTIFICATE, AND NOT SPECIFICALLY REMOVE OTHER MAN WHO WAS PROVEN NOT TO BE THE FATHER. THE FORM DID NOT GIVE ME THAT OPTION. I AM HOPING THAT CA WILL JUST ADD WITHOUT ANYTHING ELSE NEEDED IF WE HAVE THE TEST RESUKLLTYS TO PROVE. ANY ADVICE IF I NEED TO WAIT OR JUST SEND IN MY COPIES THEY STAMPED WHEN I FILED?:confused:

ScottGem · Jul 28, 2008, 12:30 PM

Since the birth occurred and was recorded n CA, you have to file the court order making the changes with the CA agency involved. I would contact them for the exact procedure. Make sure you send a cover letter with explicit instructions.

stinawords · Jul 28, 2008, 12:36 PM

To answer the question about which father is on the birth certificate, the bio father will replace the name on there right now. After you are in court and the test results come back possitive the judge will order the birth certificate to be changed.

addicted2u143 · Jul 28, 2008, 12:44 PM

Originally Posted by stinawords

To answer the question about which father is on the birth certificate, the bio father will replace the name on there right now. After you are in court and the test results come back possitive the judge will order the birth certificate to be changed.

We already have the results to prove it, my main concern was that based on calling the california office of vital records, it specifically says the order must include specific order to remove listed person and add proven bio father. The order that my paralegal prepared says to add, and says nothing about removing listed. I just don't want to run into further processes after. Im guessing i specifically need to speak to someone from the office.

addicted2u143 · Sep 17, 2008, 07:40 AM

I have a court case about changing my daughters last name to her biological fathers last name as well as changing the birth cert. (currently lists ex who was originally thought to be the father). I have the paternity tests for both showing this proof. I live in Arizona and filed to established paternity with request for order of named change. When I realized I did not include on the request to specifically remove incorrect man from and add her real father, I submitted a motion to clarify order. They denied that based on rule 43 of the Arizona rules of family law saying that there is no indication that a copy has been mailed to both parties as required by rule 43. My question is since they made a ruling dose that mean my case is closed? What can I do to keep this going? Do I need to mail the copy of the order to both men ( one being my fiancé who I live with) and submit a copy to the court? How do I show proof? Would a proof of delivery through certified mail be sufficient? And can it be signed by who ever answers the door or does it have to be signed specifically by him? The issue is that I only have his parents address and don't know if he lives there or not. Do I have any alternate options for this proof that I am sending this document? Please help I need to get this done and over with, thank you!

traceyrco · Sep 17, 2008, 10:06 AM

You have to send the docs with a Certificate of Service (certified mail too) and give the court a copy of the Certificate of Service showing you mailed the docs. To the other parties.

So - you need to read your Civil rules of procedures on your state website to see how to do this. You may be able to find it on line - here's one for Texas

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing has been forwarded by facsimile and by depositing under the care and custody of the United States Postal Service on the 18th day of September, 2008 via certified mail, receipt requested, addressed to the attorney of record for: XXXXX or put in the man's name and address.

________________________________________
Sign your name

addicted2u143 · Sep 17, 2008, 10:20 AM

Originally Posted by traceyrco

You have to send the docs with a Certificate of Service (certified mail too) and give the court a copy of the Certificate of Service showing you mailed the docs. to the other parties.

So - you need to read your Civil rules of procedures on your state website to see how to do this. You may be able to find it on line - here's one for Texas

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing has been forwarded by facsimile and by depositing under the care and custody of the United States Postal Service on the 18th day of September, 2008 via certified mail, receipt requested, addressed to the attorney of record for: XXXXX or put in the man's name and address.

________________________________________
sign your name

Thanks this really helps me a lot, what i am understanding from this it doesn't matter who signs if any one i just can do a certificate of service?. yay

traceyrco · Sep 17, 2008, 10:41 AM

Oh - take out the facsimile - I didn't see that in there.

Check with your state law though to make sure this is right. You'll find it under procedures or something like that on the state website. Good luck