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  1. #1
    Join Date
    Jan 2011
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    Post Non-Biological Father Sign Birth Certificate

    My question involves paternity law for the State of: Florida

    My ex and I were together at the time I had my son. He signed the birth certificate thinking he was the father. We have not done the DNA test, but we are 200% sure he is not father, my son looks nothing like him and the timing was totally off. Anyways, my son is 5 now, and I've been trying to get his name change for years but everyone tells me different approaches. How do I go about removing my ex's name from the birth certificate and removing the last name from my son? I do not know where his real father is. PLEASE HELP!

  2. #2

    Default Re: Non-Biological Father Sign Birth Certificate

    Were you and the ex married? Why did he sign the birth certificate at the time, if, as you say, the timing was totally off?

    If he signed the AoP, the court isn't likely to let him off until and unless the actual father is found and is determined to BE the father. Courts want children to have TWO parents whenever possible, and if there's already a legal father in place, it usually takes a motion by ANOTHER potential father for the court to decide to remove the current one, even if the child turns out not to be his. Courts take a dim view on putting blanks on birth certificates if there's already a name that's been in place for several years. You'll definately want to talk to a local family law attorney - at this point it's not going to be a do-it-yourself type of issue.
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