How Do I Change My Birth Record

My question involves name change laws in the State of: Florida

Specifically how to change the father on my birth certificate. You see the man on my birth certificate is not my father. Not only that but he was divorced from my mother and serving 25 years in prison for rape. It was physically impossible for him to be my father. I'm not sure why his name was there but my biological father was not married to my mother and he died when I was a year old. The man on my birth certificate is not my father, he had the good graces to die in prison but I am stuck with his name. How can I change this before I have children and continue his legacy?

This may seem silly but it really is shameful to me that a rapist is listed as my father and not my real father.. I hate my name because it isn't mine. I know I can change my name easily enough but according to public record he is my father and this simply isn't the case.

Your legal father is your legal father.

Biology is irrelevant at this point.

Sorry.

He isnt my father by biology or legality. I was born in 72. He was imprisoned in 1970 and he died there. There could not possibly have ever been any affidavit saying he was my father. If there was it was fraudulant. My question is can I use this information to strike him from my birth record.

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Quoting pixelfreek

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Specifically how to change the father on my birth certificate. You see the man on my birth certificate is not my father.

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The only way to change the name of the father on your birth certificate, or to remove the person identified as the father, is through a court order. The most obvious ways to get such an order are through the establishment or disestablishment of paternity, or through adoption. I do not see a statute that provides for a child of any age - a minor or adult - to attempt to disestablish paternity. You do not indicate that adult adoption is under consideration, although your state does allow for the adoption of adults.

I have not seen anything in Florida statutory or case law that would empower a court to grant the relief you request, and it's possible that a court would find that it has no legal basis to grant the relief you desire, but if you want to try to get an order disestablishing paternity you can team up with a family lawyer and give it a shot. With no legal framework to reference, I don't think this is a self-help project.

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Quoting pixelfreek

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Not only that but he was divorced from my mother and serving 25 years in prison for rape. It was physically impossible for him to be my father. I'm not sure why his name was there but my biological father was not married to my mother and he died when I was a year old.

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He was married to your mother creating a presumption of paternity, she did nothing to rebut the presumption, and thus he was named to your birth certificate on the basis of marriage.