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Lstrober11 · Feb 13, 2013, 08:01 PM

My son and I have been raising his 4 yr old daughter. His name is not on the birth certificate (father not recorded) this child's mother only contacts 3 times a year right before Mother's Day, right before the child's birthday and right before Christmas We were directed by a lawyer not to let her see her unless it was under supervision and we have never gone through the courts. She has never been consistent with Seeing her or calling Now we have the issue of her starting kindergarten in the fall and we don't have a birth certificate and can't get it because he's not listed. And the mother refuses to get it for us until she gets some alone time with her daughter. That's not going to happen. She hasn't spent enough time with her on a consistent basis How would we go about getting the birth certificate?

Alty · Feb 13, 2013, 08:21 PM

Does your son have legal custody? Has he ever had a DNA test done?

AK lawyer · Feb 13, 2013, 08:57 PM

It doesn't matter whether you have a birth certificate. What you need is a custody order. See a lawyer about getting one. The court may order a paternity test and Incidentally order that your son be put on the BC.

ScottGem · Feb 14, 2013, 04:29 AM

I'm wondering how you were able to get medical care without proof of paternity! Your son should have gone to court when the child was born to establish paternity. That needs to be done now.

You are fortunate that the mother is not very knowledgeable. All she had to do is show up at your door with the birth certificate and the police and your son would have had to hand over the child and possibly be arrested since he has NO legal rights with respect to the child.

I would be consulting an attorney TODAY and filing for custody.

Lstrober11 · Feb 15, 2013, 05:47 PM

Originally Posted by Alty

Does your son have legal custody? Has he ever had a DNA test done?

No. My son took her for child support and was awarded it. When she agreed to pay support, the lawyer said that was her chance to deny he was her father and since she didn't deny it in the courts eyes she is his daughter

Lstrober11 · Feb 15, 2013, 05:48 PM

Originally Posted by Alty

Does your son have legal custody? Has he ever had a DNA test done?

And no body has legal custody

Lstrober11 · Feb 15, 2013, 05:56 PM

Originally Posted by ScottGem

I'm wondering how you were able to get medical care without proof of paternity! Your son should have gone to court when the child was born to establish paternity. That needs to be done now.

You are fortunate that the mother is not very knowledgeable. All she had to do is show up at your door with the birth certificate and the police and your son would have had to hand over the child and possibly be arrested since he has NO legal rights with respect to the child.

I would be consulting an attorney TODAY and filing for custody.

My son took her to court for child support and was awarded it. She had her chance in court to deny him being the father and since she didn't do it they said it was admission on her part. Problem is... That's not enough for the birth certificate. As far as insurance goes. The child has my sons last name and she is on his health insurance plan

GV70 · Feb 15, 2013, 07:56 PM

There are two ways to put father's name on child birth certificate:
1. Paternity acknowledgment / not your case/
2.Court order
Your son has to contact a clerk of his county's court and to get the petition to establish paternity form.
After receiving a court date he has to show that she admitted he was the father.The court will issue the order establishing paternity. After that your son has to obtain a certified copy of that order and contact his vital records office and request an application to amend a birth certificate. He has to attach the certified copy of the court order and forward his application to the vital records office