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    adrescher's Avatar
    adrescher Posts: 3, Reputation: 1
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    #1

    Mar 21, 2009, 08:15 PM
    Fathers name left off birth certificate
    My son in law's name is not on his child's birth certificate because my daughter and he were not married at the time of her birth. The reason he wasn't put on the birth certificate was because my daughter's divorce was not final from her previous husband. How can they have his name put on the certificate without having to hire an attorney? They cannot afford to hire an attorney and I'm trying to help them get this done. His daughter is 5 years old now and they have not done it because they were told it required an attorney.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 21, 2009, 08:17 PM

    Check with the local family court for the process.
    adrescher's Avatar
    adrescher Posts: 3, Reputation: 1
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    #3

    Mar 21, 2009, 08:27 PM

    They did and were told to hire an attorney. I can't believe it would be that difficult to do themselves. We are in Effingham County, Georgia and I think they just don't want to be bothered.
    logicalthinker's Avatar
    logicalthinker Posts: 58, Reputation: 1
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    #4

    Mar 21, 2009, 09:12 PM

    Is her ex husband listed on the birth certificate?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Mar 21, 2009, 09:19 PM

    Its because if she was married at the time of conception up unto birth then the presumed father in many states is the husband. If that is correct there may not even be a challenge that can progress without the ex husbands permission or denial of the child.
    adrescher's Avatar
    adrescher Posts: 3, Reputation: 1
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    #6

    Mar 21, 2009, 10:07 PM
    Yes, the presumed father is the ex-husband because he was the husband at time of birth. He would have to give permission to list the biological father on the birth certificate. It seems that he could give permission by affidavid or something like that and they could go forward with the process. Does not seem like a big deal since both biological father and ex-husband is willing participants.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 22, 2009, 12:50 PM
    Quote Originally Posted by adrescher View Post
    It seems that he could give permission by affidavid or something like that and they could go forward with the process. Does not seem like a big deal since both biological father and ex-husband is willing participants.
    The problem here is that a birth certificate is a legal document. As such to change it may require a court order. So check with your local Family Court for the process.

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