[dwill]

In June 2010, an Acknowledgement of Paternity (AOP) was processed in Texas for my 28year old son so that my husband whom I married in 2009 (my son's biological father) can be recognized as the father. I requested a new birth certificate, but because the birth certificate had been amended to show my ex-husband (who also sign the AOP) to be the biological father, I was told that I needed a court order. The forms I have found on the Internet for Florida are for establishing paternity for minor children and requesting child support. How do I go about getting a court order that allows me to remove the non-biological father's name off the birth certificate?

[ScottGem]

You SON should be filing for the name change since he's an adult. Look for forms to apply for a change in one's legal name.

[dwill]

My son does want to change his last name. We just want his birth certificate to reflect the correct father.

[ScottGem]

He still needs to apply to the agency responsible for registering BCs.

[GV70]

In June 2010, an Acknowledgement of Paternity (AOP) was processed in Texas for my 28year old son so that my husband whom I married in 2009 (my son's biological father) can be recognized as the father.

It is an illegal action!
Fl742.10 Establishment of paternity
If an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity, which is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), creates a rebuttable presumption, as defined by s. 90.304, of paternity and is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child.
Texas-Acknowledged Paternity
A mother and a man claiming to be the biological father of a child may sign an acknowledgment of paternity. [TFC § 160.301]. This acknowledgment must state that the child does not have a presumed father, or the presumed father must file a denial of paternity. §160.302. Once an acknowledgment of paternity is filed with the Bureau of Vital Statistics, it is the equivalent of an adjudication of paternity by a court. [TFC § 160.305]

Rescinding the Acknowledgment
An acknowledgment of paternity may be rescinded by filing a motion to rescind within 60 days of the date of signing the acknowledgment. [TFC § 160.307]

[GV70]

You had to do it 28 years ago.

II was told that I needed a court order.

Correct!But I doubt that there is a judge who will open a paternity suit in your case.
Both time limit and res judicata are applied.

[GV70]

I. How do I go about getting a court order that allows me to remove the non-biological father's name off the birth certificate?

Just curious... I know many cases where mom and BF asked the court to remove non-biological father and the BF was ordered to pay retroactive child support from the day of child's birth + rate of interest. Are you ready to pay a lump sum to the non-biological father?
P.S. The rate of interest in child support cases is 10 %

[dwill]

Clarification: The AOP was signed by me (the mother), the biological father, and the non-biological father whose name is on the birth certificate. All three of us were individually called to ensure its validity. Vital Records is requiring a court order in order to give me a new birth certificate, but the forms I run across are for minors and not an adult child.

[ScottGem]

Umm How can two fathers sign an AOP? That makes no sense.

Unless the bio father was accepting paternity and your husband was agreeing to it.

[GV70]

Clarification: The AOP was signed by me (the mother), the biological father, and the non-biological father whose name is on the birth certificate. All three of us were individually called to ensure its validity. Vital Records is requiring a court order in order to give me a new birth certificate, but the forms I run across are for minors and not an adult child.

Again

Rescinding the Acknowledgment
An acknowledgment of paternity may be rescinded by filing a motion to rescind within 60 days of the date of signing the acknowledgment. [TFC § 160.307]
Sec. 160.307. PROCEEDING FOR RESCISSION. A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of:

(1) the 60th day after the effective date of the acknowledgment or denial, as provided by Section 160.304; or

(2) the date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes child support.

Sec. 160.308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION. (a) After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. The proceeding must be commenced before the fourth anniversary of the date the acknowledgment or denial is filed with the bureau of vital statistics unless the signatory was a minor on the date the signatory executed the acknowledgment or denial. If the signatory was a minor on the date the signatory executed the acknowledgment or denial, the proceeding must be commenced before the earlier of the fourth anniversary of the date of:
b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

(c) Notwithstanding any other provision of this chapter, a collateral attack on an acknowledgment of paternity signed under this chapter may not be maintained after the fourth anniversary of the date the acknowledgment of paternity is filed with the bureau of vital statistics unless the signatory was a minor on the date the signatory executed the acknowledgment. If the signatory was a minor on the date the signatory executed the acknowledgment, a collateral attack on the acknowledgment of paternity may not be maintained after the earlier of the fourth anniversary of the date of:

(1) the signatory's 18th birthday; or

(2) the removal of the signatory's disabilities of minority by court order, marriage, or by other operation of law.

(1) the signatory's 18th birthday; or

(2) the removal of the signatory's disabilities of minority by court order, marriage, or by other operation of law.

[GV70]

Vital Records is requiring a court order in order to give me a new birth certificate, but the forms I run across are for minors and not an adult child.

They are correct .They need of court order .
But if there is a valid AOP ,an action must be commenced up to child's 18th birthday./see above/.
If a child does not have a presumed/acknowledged father an action may be commenced up to two years after child's 18th birthday.

You have no legal grounds to commence a paternity action now.
You and your ex-husband CANNOT reopen the case./time limit-60 days after signing the AOP/
The BF cannot assert paternity/ time limit again/
Your son cannot open a case for determination of father-child relationship/he is 28/

There is no forms for adult children,

[GV70]

My son does want to change his last name. We just want his birth certificate to reflect the correct father.

The ONLY way to change his BC is § 162.501with relation to § 162.503 and § 162.504

162.501-The court may grant the petition of an adult residing in this state to adopt another adult according to this subchapter.
162.504-A court may not grant an adoption unless the adult consents in writing to be adopted by the petitioner.

An amended birth certificate will be issued for the adopted person, showing the adoptive parent(s) as birth parents.