[kcomissiong]

You know Jamie, you went to a public forum and asked for an answer on the law. You got several. You cannot change the birth certificate as a way of eradicating your poor judgment on who to lay with. That is the answer that other people have stated over ten times and it is the correct one. What you think about it doesn't matter, that is the law. You wanted an answer, you've got it.

(But I guess I won't get a green thumb for being correct from her... she seems to think that her opinion can change the law)

[grammadidi]

Okay, there are too many emotions being expressed and wrapped up into the answering of this question. I understand where all of them are coming from, but it's not helpful to the OP. Nobody really KNOWS her circumstances or all of the reasons for the question, but it really doesn't matter. The fact is that Birth Certificates are records of Vital Statistics and as such are required to be filled out honestly (which I am aware is not always done, but they should be.)

Please note that in my original response I tried very hard to let the OP know that while I fully understand why she might want to have the biological father's name removed, I also advised the following:

....Whether you like it or not, having both parent's names on a birth certificate means they carry parental responsibility to a child. At some point, that may become important to your daughter. It is for that reason, that if either party wants one of the names removed it becomes a legal process where the court would likely insist upon DNA evidence to prove the person is not a biological parent.

All judgements aside, if you feel that we have not answered your question then I think you should consider (as I believe I also mentioned, but may not have) getting a free 30 minute legal consultation with a lawyer who practices family law which many lawyers provide. Please don't let the emotions of others here get to you. I know that there are the same intensity of reasons for their response as there is for your reasons to attempt to have the biological's father's name removed.

I wish you best of luck in your decisions, but mostly I hope that nobody's rights are taken away... yours, the biological father's or your daughter's. I still feel that the only person who is entitled to make that decision are your children... but this is not an ethical or moral question, it's a legal one.

Hugs, Didi

[grammadidi]

By the way... I hate to be the bringer of bad news, but if the bio father WANTS custody of his children (whether on the birth certificate or not thanks to DNA testing) and something happens to you, it matters NOT what your will says. As the biological father he CAN attempt to obtain custody and just might be able to do so, regardless of your will or anything else! That was the ultimate blow to me in my situation with our youngest. We did, however, protect her by obtaining a statement from Children's Services (for what it was worth at the time) stating that they did not believe that would be in her best interests to be in either parent's custodial care. So, if you see a lawyer, you may just want to query that, as well.

Hugs, Didi

[ScottGem]

Comments on this post
JamieB1013 does not find this helpful : Because he was a jerk and didn't answer the question.

Please review the rules of this site. A negative rating is only to be used when an answer is factually incorrect or inaccurate. Your negative ratings here have been inappropriate and in violation of the rules of this site. You asked for help and you got good and accurate advice. But it turns out to be advice you didn't want to hear. So instead of thanking the people for their time and sharing their knowledge, you strike back at them.

I do understand your frustration. You made a mistake and entered a relationship with this person. You regret it and want to wipe it out. But you can't legally. The best way to wipe it out is to show you have moved on and made a better life for yourself and your children then he has for his. Being bitter about YOUR mistakes is just going to fester.