Removing Non Biological Father from Birth Certificate

[Wadogurl02]

My question involves paternity law for the State of: Tennessee.

Long story short, I'm an idiot and let my now ex sign my son's birth certificate. We were both aware that he was not the biological father. My son is now 19 months old and he has not seen either of us or spoken to me since my baby was 3 months old when he beat me up for trying to leave. I would like to file abandonment and have my son's name changed to my maiden name but I have no idea how to go about this. I don't have a lot of money so I'd like to avoid hiring a lawyer if I can. Thanks

[Dogmatique]

Not going to happen unless biodad steps forward, and/or you have a stepparent willing to adopt; the time in which either of you could rescind the AOP/DOP has long since expired.

You may be able to have your child's name changed (not likely though unless Dad - legal Dad - agrees; a more realistic expectation would be hyphenation).

[Wadogurl02]

So even though he has abandoned my child I am stuck with this? My current boyfriend has been there since the moment I left and is the only daddy my baby had ever known. We have plans to get married, but again that costs money and we were hoping not to be forced into it by something like this.

[Dogmatique]

(Fwiw, getting married costs what...how much in your state? $97.50 at the max. )

Mom, you've also basically committed paternity fraud (as has he). It likely won't end up meaning anything, but you should be aware of it. Dad will need to be notified (given that paternity is established) of any name change petition; he'll have the chance to object.

What's your end goal?

[Wadogurl02]

Well, the ultimate end would be for my boyfriend to adopt him when we do marry (which we have discussed extensively) but right now I was hoping to have his name changed to mine and him removed from the birth certificate so that if anything should happen to me he would go to my family rather than someone who doesn't wan him or want anything to do with him, is violent and in and out of jail.

Oh and I don't mind that he has to be notified. He has made clear he doesn't want him or anything to do with him and he doesn't want to pay child support for him so I can't imagine why he would object.

[Dogmatique]

The state won't essentially bastardize a child (it's a legal term, not an insult, btw ) like that.

They want two parents to be responsible - the mother, and a father. Or, two mothers or two fathers (depending on the state). You get my point.

So, get married, stay married (to show the court that you're stable - your timeline is a wee bit shaky right now ) for awhile, then go through with a stepparent adoption.

If in the meantime something tragic happens, it's not automatic that Dad would get custody. Bear that in mind, too.

[Wadogurl02]

thanks so much for your help!