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How to Get My Ex's Name Off My Child Birth Certificate

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  • 04-04-2013, 02:06 PM
    smauthe
    How to Get My Ex's Name Off My Child Birth Certificate
    My question involves paternity law for the State of: Illinois

    My ex-boyfriend signed my sons birth certificate, and just recently left us and moved in with another woman who he is planning to marry. I know my ex is not the biological father of my son, and now that he refuses to talk to me or come see the child I would like to take his name off my sons certificate and have his last name changed back to mine. I am pretty sure that I could get his aunt to talk him into signing any legal papers to remove his name, I just need to know what papers are needed. Thank you.
  • 04-04-2013, 03:38 PM
    Neal1421
    Re: Want to Get My Ex's Name Off My Child Birth Certificate
    How old is the child? Do you have a husband willing to adopt?
  • 04-04-2013, 03:47 PM
    smauthe
    Re: Want to Get My Ex's Name Off My Child Birth Certificate
    My son is 20 months old, I'm not married yet, but my boyfriend is willing to adopt him.
  • 04-04-2013, 03:57 PM
    jk
    Re: Want to Get My Ex's Name Off My Child Birth Certificate
    Your boyfriend is not a husband.

    but beside that; are you saying you falsified the acknowledgment of paternity?

    where is the bio father? Does he know he is a father?
  • 04-04-2013, 04:19 PM
    aardvarc
    Re: Want to Get My Ex's Name Off My Child Birth Certificate
    In other words, the courts aren't going to let you play "musical daddies". They also don't allow boyfriends to adopt. If a court is going to cut out a biological parent, who has constitutionally protected rights regarding their children, they want to (a) see a valid reason to do so, and (b) they want to see that there's a situation of stability for the child, and "boyfriends" don't cut it. Get married. STAY married for a bit, and THEN a court MIGHT consider allowing adoption. However, you need to be aware that the ACTUAL father will need to be notified first, and the court will allow him a chance to oppose the adoption.
  • 04-04-2013, 04:25 PM
    shortie
    Re: Want to Get My Ex's Name Off My Child Birth Certificate
    Quote:

    Quoting smauthe
    View Post
    My son is 20 months old, I'm not married yet, but my boyfriend is willing to adopt him.

    So if you do get married, and your man does adopt him, are you willing to share custody of your child with this man in case it doesn't work out? You would be giving this man the right to file for custody and visitation. Would you be willing to pay child support to him in case he got custody of your son?
  • 04-04-2013, 04:41 PM
    smauthe
    Re: Want to Get My Ex's Name Off My Child Birth Certificate
    First off, I don't want to play "musical daddies" I would prefer to leave my boyfriend out of it since in fact he is only a boyfriend. My sons biological father does not know he exists at all because I was raped and the baby was the outcome. But if my boyfriend and I did decide to get married he would be more than happy to adopt my son.
    All I really want to know is how to get my ex's name off the birth certificate since he abandoned us and does not want anything to do with my son. We have no contact. He has become estranged to the both of us.
  • 04-04-2013, 04:43 PM
    Dogmatique
    Re: Want to Get My Ex's Name Off My Child Birth Certificate
    And is there proof of the rape?

    (there's a reason why I'm asking)
  • 04-04-2013, 04:47 PM
    smauthe
    Re: Want to Get My Ex's Name Off My Child Birth Certificate
    No, I decided the best way for that man to stay out of my life was to ignore it happened.
  • 04-04-2013, 04:57 PM
    Dogmatique
    Re: Want to Get My Ex's Name Off My Child Birth Certificate
    Then legally, there was no rape and he MUST be notified/informed of any actions just like any other putative father.

    This is one reason (only one, there are many more) why it's absolutely critical for rape to be reported because as far as I'm aware in every state that is an absolute reason for the rapist's parental rights to be terminated regarding any child born of the rape.

    As it stands, he still has a say - and if he is notified of any proceedings, you must bear in mind that he may want parental rights to the child.
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