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How Long Does the Biological Father Have to Dispute the Birth Certificate

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  • 09-14-2011, 06:01 AM
    rose15
    How Long Does the Biological Father Have to Dispute the Birth Certificate
    My question involves a child custody case from the State of: Louisiana
    I was told that in Louisiana the father has 6months to dispute the birth certificate if hes not on it, but then i heard it was a year and now some people are saying it can be 2 yrs. I was also told that if someone goes 6 months w/o seeing the child then abandonment can be filed and all parental rights can be revoke is this true?

    Questions - How long to dispute a birth certificate to get someone removed and someone added?
    What are the abandonment laws in Louisiana?
  • 09-14-2011, 12:37 PM
    Dogmatique
    Re: How Long Does the Biological Father Have to Dispute the Birth Certificate
    You were told wrong.

    But before we go further why don't you tell us the circumstances? Because truly, there's at least two answers to your question, both different, both correct, depending on the situation.
  • 09-15-2011, 05:57 AM
    rose15
    Re: How Long Does the Biological Father Have to Dispute the Birth Certificate
    The father on my child's birth certificate is not the biological father. The child is 16months and the biological father has never contacted me to attempt to met his daughter. Me and the her " legal father" are no longer together so i am trying to find out what can be done to have him removed w/o involving the bio father. I believe he loves her but he has always been abusive and the verbal abuse is just something that no child should witness. I defi wouldnt trust him taking her by himself.

    also, The reason the bio dad isnt involved is bc he is on heroin
  • 09-15-2011, 06:08 AM
    davidmcbeth3
    Re: How Long Does the Biological Father Have to Dispute the Birth Certificate
    Quote:

    Quoting rose15
    View Post
    The father on my child's birth certificate is not the biological father. The child is 16months and the biological father has never contacted me to attempt to met his daughter. Me and the her " legal father" are no longer together so i am trying to find out what can be done to have him removed w/o involving the bio father. I believe he loves her but he has always been abusive and the verbal abuse is just something that no child should witness. I defi wouldnt trust him taking her by himself.

    also, The reason the bio dad isnt involved is bc he is on heroin

    The law does not see a parent solely as being a biological connected individual. You let your BF be on the BC; you may be stuck with that decision & the ex may have the right to ask for visitation. On the flip side, the ex may be liable for child support.

    Take a trip to google scholar and search out the case law for your state or go see an attny.

    Who do you want on the BC now, your new BF (not ex or biological father).
  • 09-15-2011, 07:12 AM
    Neal1421
    Re: How Long Does the Biological Father Have to Dispute the Birth Certificate
    Weren't you already told in another thread that there is nothing you can do without getting the biological father involved? The answer has not changed.
  • 09-15-2011, 07:26 AM
    rose15
    Re: How Long Does the Biological Father Have to Dispute the Birth Certificate
    Sorry no disrespect intended, A friend of mine is a law student and investigated statue of limitations and it stated since the bio dad was aware the child was born he had a year to attempt to change the birth certificate. I'm sure to a certain extent the judge has the final say so. Please let me make sure we are clear. What i am being told is it doesn't matter how violent, irrational, or unsuited the "legal father" is. Nothing can be done to erase this mistake and he will ALWAYS be in my daughters life. I'm not sure about anyone else but that just makes our legal system sound a little crazy to be polite about it. Not to mention that he ISNT the biologically father, and in the past 9months he hasn't given a cent to help raise her. Im sorry i just have faith that someone out there knows a way to get out of this mess. So while it may seem that i am asking the same questions i am trying to investigate every law regrding my issue
  • 09-15-2011, 07:46 AM
    Dogmatique
    Re: How Long Does the Biological Father Have to Dispute the Birth Certificate
    Your situation doesn't change the law.

    Biology now has nothing to do with it. You chose him to be the legal father, and if you want that to change you're going to need a) Bio Dad and b) an attorney.
  • 09-15-2011, 08:20 AM
    rose15
    Re: How Long Does the Biological Father Have to Dispute the Birth Certificate
    Im sorry if it comes off that im beating a dead horse but what i am confused about is if the bio dad statute has ran up i don't understand why i should involve him. Also, Lets say that no loop hole exists and as u stated the law is the law. Isn't there a law on abandonment in La? Also, he stated if i ever took him for child support he would sign his rights over bc he "is doing me and her a favor" by being her father, Can a person voluntarily sign rights over? I guess what im asking is if i feel that i made THE BIGGEST mistake possible and having him in her life can cause damage for her as she gets older what is the best way to approach this. avoid him and see if he takes me to court? Take him for child support? i don't want to involve the bio father bc i feel that can also be detrimental to my daughters future. I am going to consult with the DA in the juvenile court system and i am saving money for a retainer fee for a very good atty here in New Orleans. Thank u again for ur time and patience, this is such a sensitive subject and i hate that mistakes i have made can now effect my daughters future as well. It really makes me feel like a crappy mom for allowing any of this to take place, and all i want to do is correct this. I feel im damned if i do and damned if i don't. Feeling hopeless when it comes to your baby is an unimaginable feeling and i know i did this and i just pray it isnt to late to fix it
  • 09-15-2011, 09:16 AM
    cyjeff
    Re: How Long Does the Biological Father Have to Dispute the Birth Certificate
    Then let's look at it in another way.

    The courts want children to have two parents. That way, if something happens to one parent, the kid doesn't wind up a ward of the state.

    The courts, therefore, will not eliminate one of the two parents a child has unless 1) there is someone else ready to take up as the second parent; and/or, 2) one current parent is deemed BY THE COURT to be so dangerous and unfit in regards to the child that it is in the best interest of said child to become a ward of the state over that parent.

    Neither situation applies here.

    For the same reason, he cannot just sign his rights over. Court won't allow it.

    Honestly, if you didn't want the child's father in her life, you shouldn't have had sex with him. You did... a child resulted... now BOTH of you can and should have a relationship with that child.
  • 09-15-2011, 09:21 AM
    Dogmatique
    Re: How Long Does the Biological Father Have to Dispute the Birth Certificate
    The State wants two parents to be responsible for the child; the State will not allow you to leave the child without a legal father.

    The DA cannot help you, because this is a civil and not a criminal matter. Also, Dad (legal Dad) cannot "sign over" anything for the reasons outlined above :) (He can choose never to see the child, but that won't rid him of the child support obligation - so you might as well file).

    You might find this interesting: click here
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