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

    May 9, 2008, 12:53 PM
    Fathers name not on birth cert. and mother dies
    This past week my sister-in-law passed away unexpectedly. I'm trying to help her significant other with the paperwork necessary to get their 5yr old into school this fall. (There is no question of parentage). When He (the father) located the birth certificate he found his name had never been on it. What steps does he need take to get his name on the birth certificate. Money is an issue. My husband and I had to pay for the funeral because things have been so tight for them this last year. I believe we have to have the birth certificate for his school before next Friday. I'd really appreciate any input a.s.a.p.
    crazybird's Avatar
    crazybird Posts: 82, Reputation: 8
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    #2

    May 9, 2008, 12:59 PM
    Since I do not know, the first thing I would do would be to call the vital statistics bureau where your child was born and ask them what the procedure would be to have fathers name. The death certificate of sister in law and copy of dna test proving he is the father would probaby be needed. I would imagine vital stats could tell you what needs to be done.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    May 9, 2008, 01:05 PM
    He will first have to go to court. Even though the people involved don't parentage to be an issue, the court does. So he first has to prove he is the father by submitting to a court ordered DNA test. I stress the court ordered part because the court will not accept a private one. Then the judge will order the birth cirtificate be changed. He can try to do this with out a lawyer since money is tight but there is no way around paying the court fees.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    May 9, 2008, 01:10 PM
    Quote Originally Posted by stinawords
    He will first have to go to court. Even though the people involved don't parentage to be an issue, the court does. So he first has to prove he is the father by submitting to a court ordered DNA test. I stress the court ordered part because the court will not accept a private one. Then the judge will order the birth cirtificate be changed. He can try to do this with out a lawyer since money is tight but there is no way around paying the court fees.

    Absolutely correct - nothing can be done without Court involvement and DNA testing to prove paternity and that is certainly not going to be accomplished by Friday.

    Vital Statistics records documents - it does not make judgments or issue orders.
    crazybird's Avatar
    crazybird Posts: 82, Reputation: 8
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    #5

    May 9, 2008, 08:26 PM
    Quote Originally Posted by stinawords
    He will first have to go to court. Even though the people involved don't parentage to be an issue, the court does. So he first has to prove he is the father by submitting to a court ordered DNA test. I stress the court ordered part because the court will not accept a private one. Then the judge will order the birth cirtificate be changed. He can try to do this with out a lawyer since money is tight but there is no way around paying the court fees.
    Stina, good answer. I didn't think of courthouse first which I should have. These things take time. You may want(need in your case)to enroll your child in school and revise later. It took quite some time for bureau to send documents needed when my name was amended.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 9, 2008, 08:45 PM
    You have several issues, first I am sorry for your loss.

    But at her death and no father listed on the birth certificate the court would have or should have appointed a temp guardian ( normally a family member) pending a formal hearing on custody. The father will have to make a motion in court for custody, by proving he is the father by DNA.

    If there is a legal aid society in your area, they may provide some legal help free or at little cost.
    crazybird's Avatar
    crazybird Posts: 82, Reputation: 8
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    #7

    May 9, 2008, 09:08 PM
    I am very sorry for your loss too.
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