How do I put the correct father’s namea birth certificate?

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How do I put the correct father’s namea birth certificate?

I have a baby that is 6 months, and I had her out of wedlock. Her biological father was not in the picture. Later on I got into a relationship with someone before my baby was born. After my baby’s birth he signed the birth certificate since we were planning to get married. Now his family and I had a disagreement and his mom threatened to take her away from me. Now I have no problem with him coming over to see her, I even told him that he could visit all day at my place, and even until midnight if he wanted, but no leaving with her to go anywhere. I want her biological to take responsibility.

Asked on July 31, 2011 Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can unilaterally change the birth certificate through your state's department of vital records to change the name on the birth certificate and of course, make sure you do the same with her social security number and any passports or other identification she may have. Next, her birth certificate really has very little to do with proving paternity (the biological father will most likely request you pay for a dna test). Once you obtain a dna test showing he is the biological father, then make sure those results are shown to the court for a motion you will bring against him for child support. If he wishes to be in the child's life, he will most likely counter also with a motion for joint custody or sole custody and/or visitation. Your current boyfriend's mother has no rights to this child and has no ability to take her away from you other than to report you to children and family services if there is an issue of abuse or neglect. If your boyfriend and you break up and he still wishes to visit the child, you can also consider bringing this matter to court to ask for a determination regarding visitation but keep in mind, do not confuse these matters because the court may wind up confusing matters between the biological and non-biological fathers.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can unilaterally change the birth certificate through your state's department of vital records to change the name on the birth certificate and of course, make sure you do the same with her social security number and any passports or other identification she may have. Next, her birth certificate really has very little to do with proving paternity (the biological father will most likely request you pay for a dna test). Once you obtain a dna test showing he is the biological father, then make sure those results are shown to the court for a motion you will bring against him for child support. If he wishes to be in the child's life, he will most likely counter also with a motion for joint custody or sole custody and/or visitation. Your current boyfriend's mother has no rights to this child and has no ability to take her away from you other than to report you to children and family services if there is an issue of abuse or neglect. If your boyfriend and you break up and he still wishes to visit the child, you can also consider bringing this matter to court to ask for a determination regarding visitation but keep in mind, do not confuse these matters because the court may wind up confusing matters between the biological and non-biological fathers.


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