| Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters. |
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08-26-2007, 06:47 PM
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Junior Member
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Join Date: Aug 2007
Posts: 5
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Removing Wrongly Identified Father From The Birth Certificate
I reside in California, how do I go about removing the man that I thought was my son's father off of his birth certificate? We've established paternity & he is not the father.
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08-26-2007, 10:13 PM
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Junior Member
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Join Date: Aug 2007
Posts: 5
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Pls. Help- Remove Name from Birth Certificate
Hello, I live in California & my son is 10 yrs. old. We took a legal partenity test (on our own) w/ the alleged father & the test came back that he is not the father. At the time of birth, I believed he was the father & put his name on the BC. But, my son doesn't have his last name because at the time he did not claim him as his. So I gave him mine. (There was the possibility that he might not have been) The alleged father knew about it. But now we found out the truth, so could you pls. lead me in the right direction. What would I have to do to remove his name from the Birth Certificate?
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08-26-2007, 10:17 PM
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Administrator
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Join Date: Mar 2005
Location: Michigan
Posts: 26,484
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Re: Pls. Help- Remove Name from Birth Certificate
In California, after filing a voluntary declaration of paternity, the father has sixty days to cancel the declaration. After that, it is necessary to bring an action in court.
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08-26-2007, 10:46 PM
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Junior Member
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Join Date: Aug 2007
Posts: 5
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Re: Pls. Help- Remove Name from Birth Certificate
Eventhough it has been 10yrs. later, am I able to file a voluntary declaration of paternity? When I put the alleged father's name on the BC, he was not @ the hospital to sign the form the hospitals give you when filling out the info for the child's name & parents.
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08-26-2007, 10:57 PM
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Junior Member
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Join Date: Aug 2007
Posts: 5
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Re: Pls. Help- Remove Name from Birth Certificate
I think the form is called an Acknowledgement of Paternity???? Well all these yrs. I've never asked for a penny & still don't. I just wanted him to be a part of his life because my son does ask. So this is why we did take the test. But now that I know the truth, I just want to fix it. Thank you
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08-27-2007, 05:48 AM
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Administrator
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Join Date: Mar 2005
Location: Michigan
Posts: 26,484
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Re: Pls. Help- Remove Name from Birth Certificate
You can't file a new voluntary declaration of paternity to remove somebody from a birth certificate. As was just explained to you, if it has been more than sixty days since the original acknowlegement was filed, you have to bring a court action.
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08-27-2007, 07:23 AM
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Junior Member
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Join Date: Aug 2007
Posts: 5
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Re: Pls. Help- Remove Name from Birth Certificate
Thank you for your help
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