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Getting Your Name Off of the Birth Certificate After an Acknowledgment of Paternity
My question involves paternity law for the State of: Tennessee.
Okay, in the year of 2012 my fiance was expecting a little boy by another women, She lied and said the child was his knowing that it was not. He had no idea so when the child was born he signed the birth certificate, for the first few months he took care of the baby, then the mother told him that he was not the father and he has not seen the baby sense because she refuses. He has tried to go and have his name removed but was told she had to be with him, and she refuses to do so because the biological father will not take care of the child and refuses to sign the birth certificate. So, how do we go about removing his name from the birth certificate and having the babys last name changed?
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
The baby's name changed to what, exactly? If the child has your "fiance's" name, that's not going to get changed.
So. Why has this become an issue only now? He hasn't bothered to seek a visitation order?
In the meantime, Dad is welcome to read here: http://law.justia.com/codes/tennesse...er-7/24-7-113/
He needs to get going with that.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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Okay, in the year of 2012 my fiance was expecting a little boy by another women, She lied and said the child was his knowing that it was not
how do you know she lied? How do you know it wasn't his?
a mistake is not fraud
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and he has not seen the baby sense because she refuses.
of course he has sought visitation, if not actual custody through the courts, right? If not, then that would be his next step if he wishes to see his child.
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So, how do we go about removing his name from the birth certificate and having the babys last name changed?
name changed? He couldn't if he isn't actually the father. A parent can give their child any name they wish to.
as to removing him as the legal father? First, it is apparent actual parentage isn't even known. It really doesn't matter though if the other guy that you think is the father doesn't want to step up here. Your fiance did something dumb and accepted paternity. He had 60 days to revoke his acceptance. Now, unless he can prove fraud, it is his child.
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(c), the acknowledgment may only be challenged on the basis of fraud, whether extrinsic or intrinsic, duress, or material mistake of fact.
now understand, the onus is upon the challenger to first prove one or more of those issues is present. Only upon that proof will a court continue the suit and require a dna test.
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In order to prove a claim for fraud, the following elements must be established:
(1) the mother made a misrepresentation of material fact;
(2) the mother had knowledge of the misrepresentation’s falsity, i.e., that the representation was made knowingly or without belief in its truth, or recklessly without regard to its truth or falsity;
(3) the putative father reasonably relied on the mother’s misrepresentation and was harmed thereby; and
(4) the mother’s misrepresentation relates to an existing or past fact.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
No, but as we've discussed this before, it does create a mistake of fact which is a valid reason to try.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
He has been trying to have this taken care of, for a really long time. but the mother is not willing to help.
Also, can you please elaborate as to why his name can not be taken off of anything, and we would like to have the babys last name changed to the mothers madien name.. Would they take his name off of the birth certificate? And the mother said that over her dead body would she allow him to get visitation.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
You have absolutely no standing (you OR him) to have that child's name changed to Mom's. Why on earth do you think you do?
He has 5 years to challenge paternity because of a mistake of fact. He should get going with that.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
okay, let me be real clear, you do not have to have an attitude. Also, She had an at home test done. He did accept the child as his because he had no other idea that the baby was not his until after the fact. Now, the biological father is not willing to step up at all. He refuses to sign the birth certificate. We are just wondering if my fiance can not have his name removed if he can get visitation at least.
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once again, if he can not have it changed then he wants visitation!
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and i don't know if you think you have talked to me before but i just got on here, this is the first time.. We just want his name removed from the birth certificate... i am asking for help not an arguement
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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Quoting
MommyOfTwo_xox
once again, if he can not have it changed then he wants visitation!
Ok so bottom line this really has nothing to do with him actually being the father or not. It is simply that he has not done anything to seek visitation and he doesn't want to pay child support for a kid that he doesn't get to see.
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Quoting
MommyOfTwo_xox
okay, let me be real clear, you do not have to have an attitude. Also, She had an at home test done. He did accept the child as his because he had no other idea that the baby was not his until after the fact. Now, the biological father is not willing to step up at all. He refuses to sign the birth certificate. We are just wondering if my fiance can not have his name removed if he can get visitation at least.
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once again, if he can not have it changed then he wants visitation!
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and i don't know if you think you have talked to me before but i just got on here, this is the first time.. We just want his name removed from the birth certificate... i am asking for help not an arguement
An in home test for what?
and what did it show?
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
pretty much, we are both willing to help the mother in any way, but he wants visitation if nothing else can be done. We have two children of our own and want what is best for the other child. The mother is in an abuse relationship with the biological father, and the child sees it all. My fiance is worried about the child.
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A dna in home test, it showed that the other man was the father, after that my fiance has not seen the child at all, because she refuses.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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Quoting
Dogmatique
No, but as we've discussed this before, it does create a mistake of fact which is a valid reason to try.
maybe but of course we have a mother playing a game with a guy that isn't smart enough to realize you don't sign an AOP without proof unless you want to be daddy forever so now he is pissed off and the guys girlfriend is pissed off
so, how often does a woman say to the named father; it isn't your child anyway, and it be nothing more than a statement to piss off the father? There better be more than that for a mistake of fact to be present.
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MommyOfTwo_xox
A dna in home test, it showed that the other man was the father, after that my fiance has not seen the child at all, because she refuses.
so, he either files suit to attempt to disestablish paternity or he is daddy. Nothing more beyond that really.
and unless you saw the test results yourself, I would still not believe the mother's statements and then, only cautiously as the only test a court will accept is one they certify as eligible for a variety of reasons.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
Excuse you, my fiance is very smart and had no reason not to believe the baby was not his. No one is mad, we are trying to have things taken care of. You are being very rude, when i asked for some simple help.
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So, pretty much have a DNA test done through the court? And what if the mother is not willing to do that either?
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Also, the biological father is being deported for a fight that the mother and him got in and he stabbed her. So that is another issue with the DNA test..
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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MommyOfTwo_xox;842795]Excuse you, my fiance is very smart and had no reason not to believe the baby was not his.
then it appears he may have shot himself in the foot:
http://scholar.google.com/scholar_ca...en&as_sdt=4,43
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So, pretty much have a DNA test done through the court? And what if the mother is not willing to do that either?
hr first must prove there was either fraud, duress, or a mistake of fact. Only then will the court order a DNA test. If he cannot prove fraud, duress, or a material mistake of fact in signing the AOP, they will not change the paternity from what it is now.
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Also, the biological father is being deported for a fight that the mother and him got in and he stabbed her. So that is another issue with the DNA test.
no issue at all, as long as he can prove either fraud, duress, or a material mistake of fact in signing the AOP.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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MommyOfTwo_xox
okay, let me be real clear, you do not have to have an attitude. Also, She had an at home test done. He did accept the child as his because he had no other idea that the baby was not his until after the fact. Now, the biological father is not willing to step up at all. He refuses to sign the birth certificate. We are just wondering if my fiance can not have his name removed if he can get visitation at least.
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once again, if he can not have it changed then he wants visitation!
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and i don't know if you think you have talked to me before but i just got on here, this is the first time.. We just want his name removed from the birth certificate... i am asking for help not an arguement
Honey, don't take a hissy fit at us because your fiance sat on his laurels. But what's actually quite sickening is that he only wants visitation of his LEGAL CHILD if he can't get off the birth certificate.
That's pretty low.
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jk
then it appears he may have shot himself in the foot:
http://scholar.google.com/scholar_ca...en&as_sdt=4,43
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hr first must prove there was either fraud, duress, or a mistake of fact. Only then will the court order a DNA test. If he cannot prove fraud, duress, or a material mistake of fact in signing the AOP, they will not change the paternity from what it is now.
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no issue at all, as long as he can prove either fraud, duress, or a material mistake of fact in signing the AOP.
You know how sometimes you're very happy to help some posters feel less stress in their lives?
Yeah. I'm kind of feeling Seahawks and not Rams right now ;)
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
that is not low, because he knows that will probably not getting anything else concerning the child. And i believe the mother would tell on herself once they go to court, therefore no worries at all. And the reason i say that is because she wants the baby all to herself and does not want him in the babys life.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
May I ask you something serious please?
.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
Of course? i just don't want anyone being rude, honestly. i wasn't.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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MommyOfTwo_xox
that is not low, because he knows that will probably not getting anything else concerning the child. And i believe the mother would tell on herself once they go to court, therefore no worries at all. And the reason i say that is because she wants the baby all to herself and does not want him in the babys life.
so guess what;
he either files a suit to disestablish paternity or live with it as it is.
then, to even get beyond a filing he has to show, by the states definitions, there was a probability of either fraud, duress, or a mistake of fact when signing the AOP. The mother is not even involved at that point.
b
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ecause he knows that will probably not getting anything else concerning the child
he will absolutely get at least visitation, unless he is a danger to the child, if he files for a visitation order. Of course you can sit there and use that as an excuse all you want but it is 100% wrong.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
Are you an attorney of any kind.
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just a question, why are you being rude, and insulting everything? You don't even know me
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
What part of jk's response are you imagining to be rude?
The fact that you don't like the law doesn't mean it's rude to spell out your boyfriend's options for you. Your boyfriend can either sit on his hands until the clock runs out, or he can file a legal action to disestablish paternity. One or the other.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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MommyOfTwo_xox
just a question, why are you being rude, and insulting everything? You don't even know me
if you are referring to me, don't mistake the cold hard facts for rudeness. I can be rude, snarky, insulting, and a dozen other acts that would be considered derogatory, but for the one exception of what I posted in post #8, which even that is simply my opinion of anybody that signs an AOP without a DNA test. Other than that, it's the facts, ma'am, just the facts.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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Quoting
jk
if you are referring to me, don't mistake the cold hard facts for rudeness. I can be rude, snarky, insulting, and a dozen other acts that would be considered derogatory, but for the one exception of what I posted in post #8, which even that is simply my opinion of anybody that signs an AOP without a DNA test. Other than that, it's the facts, ma'am, just the facts.
Thank you, i appreciate your help.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
Trying to get the baby’s name changed now over the mother’s objection is a non-starter here. Especially if he succeeds in challenging paternity. After all, if he’s not the father of the child he has absolutely no say in the child’s name whatsoever. The law in most states gives an unmarried mother of a child the right to name the child pretty much anything she wishes. The child’s name is legally irrelevant anyway to issues of paternity, support, and visitation.
He can certainly file a petition to challenge paternity, but whether he’ll succeed or not is not something anyone here could tell you. His best bet is to meet with a family law attorney and go over all this to get specific legal advice on his options.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
he really don't care what the babys last name is, he is saying that if the baby isnt his he does not want him to have his last name, for the fact of she wont even let him see the baby.. that is the point. if the baby is not his then why make the child have his last name
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everyone is saying that if says that he wants a DNA test done, they will do it. And if it comes back that the baby is not his then the court will change everything. i am honestly confused
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
Unless he is the father he has no input regarding the child's last name, first name or any other name. The mother can file to change the name IF SHE WANTS to. There is nothing your fiancé can do to force the mother to remove your fiancés last name as the child's last name.
To to the second part:
if your fiance wants to challenge the paternity, he will have to file a suit in the courts. Since he signed the AOP and it has been more than 6o days, he will have to provide an acceptable argument there was either fraud, duress, or a mistake of fact when signing the AOP.
Only if if he presents an acceptable argument that one of those was present will the courts order a DNA test. just saying one of the requirements is present is not a valid argument. There must be a statement of facts that support the claim. If the courts are not convinced there was either fraud, duress, or a mistake of fact when signing the AOP the courts will dismiss his suit.
If if they accept his claim, they will order DNa test be done. B
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
okay so even if they do remove his name from the birth certificate, the last name still wont change unless she wants it to?
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
One more question, do you think that he has a shot at joint custody?
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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MommyOfTwo_xox
he really don't care what the babys last name is, he is saying that if the baby isnt his he does not want him to have his last name, for the fact of she wont even let him see the baby.. that is the point.
The baby can have any last name. Your fiancé doesn’t have any sort of enforceable ownership rights in his last name, after all. And if he’s determined not to be the legal father of the child then he will be legally a stranger to the child. And a legal stranger to a child simply has no say whatsoever in a child’s name. People seem to get very wrapped up in the idea that a last name has some kind of great significance, and it doesn’t, at least not legally.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
Has he decided whether he wants to disestablish paternity, or if he wants to petition for child custody or visitation (and start paying child support)? It's an either-or situation -- he can't do both.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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MommyOfTwo_xox
One more question, do you think that he has a shot at joint custody?
No idea but HE really needs to figure out if he wants to accept this as his child or not. If he doesn't act within 5 years of the birth he can pretty much forget about changing it later, even if he can prove it actually is not his child.
but when you say joint custody, understand there is legal custody and physical custody/ If he is involved in the child's life he is likely to get joint legal custody. The physical custody issue is not so easy to determine. The court weighs a variety of factors in determining that and it is not something that a forum can really answer.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
thanks you guys.
i'm pretty sure he is just going to file for visitation, because he wants the baby out of a bad situation.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
Visitation doesn't take the baby out of a bad situation. Your boyfriend has no standing to change the child's name to something he doesn't own. If your friend's last name was Smith, he has no right to demand that everyone in the world who happens to be named Smith change their name because it's his, nor does it mean he's related to every Smith in the world.
You, as his friend have no standing to do anything, ever. In fact, even if you married him twice on Saturday and 3 times on Monday would it give you any legal standing to make any decision, have any opinion or have any bearing on this child's life. You can call it what you want, but rest assured that if a judge gets any inclination in the slightest that you're trying to involve yourself in a situation where you have no business, they throw restraining orders on people faster than you can spell your name, so learn real quick how to be quiet regarding his child.
And let that be a lesson to him for the future whether it be with you or anyone else. DNA tests protect everyone. He should have one with EVERY baby he ever makes or is suspected of making.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
I would have hoped that any decent human would have at least made a phone call or three if they're aware of a child in need regardless of paternity.
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MommyOfTwo_xox
it will help that baby get away for a little biy, just saying. So, that is the point.
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and no i will not be quite because this whole situation affects my children as well.
Oh but you WILL be quiet about this child.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
No, i will not be quite, i have said something about it plenty of times. thank you.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
Hon, do you actually realize what a threat you might be to your fiance's chances of visitation?
I'm deadly serious here. You are what is known as a "legal stranger". This does not mean you've never seen the child - it means that legally, you're exactly equal to me as far as the child is concerned.
Do you know how this thread reads?
We have legal Dad, and his fiancee. At least one would rather he was not the child's father because that would mean he no longer has to pay child support. But then we hear the oldest refrain in the book: Okay, well, if he can't get rid of the child we want custody or at least joint custody! It's alarming how often that seems to be the driving force; a lighter wallet doth not a happy SO make.
Then we hear (naturally) that the other parent is unfit/mean/skanky/too poor/too rich/uneducated/unemployed/kicks baby kittens/drops babies into vats of boiling oils. Yet oddly, that's never really brought up until the poster realizes that their SO just might be on the hook regardless.
So if you care anything for your fiance, learn your place. Read CC's post again.
Much as it irks you, your place is not right next to Dad in terms of this child.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
i am honestly not trying to come across that way, in the beginning of all of this i was simply wondering if they would remove his name from the birth certificate, ( he wanted to know) he has wanted visitation or joint custody over this child for a while now. Seeing that i don't know how all of it works, i reached out for help and possible answers. That's all. I want what is best for the child and my fiance as well. I never mean any harm. But, it does break my heart seeing what the child is going through, and he is only a little over a year old.. And the only reason i am so concerned is because i can see how bad it hurts my fiance.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
If he files he can absolutely get visitation - but he should expect limited visits at first. If everything goes okay, he'll end up with the "standard" NCP visitation.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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MommyOfTwo_xox
okay, let me be real clear, you do not have to have an attitude. Also, She had an at home test done. He did accept the child as his because he had no other idea that the baby was not his until after the fact. Now, the biological father is not willing to step up at all. He refuses to sign the birth certificate. We are just wondering if my fiance can not have his name removed if he can get visitation at least.
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once again, if he can not have it changed then he wants visitation!
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and i don't know if you think you have talked to me before but i just got on here, this is the first time.. We just want his name removed from the birth certificate... i am asking for help not an arguement
Good luck with this group of sanctimonious pricks. The only thing they aren't short on is attitude and judgements.
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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double_helix
Good luck with this group of sanctimonious pricks. The only thing they aren't short on is attitude and judgements.
Yeap, we don't care too much for idiot parents. This OP is not one of these. You on the other hand, are wearing the uniform proudly. You're a Jets fan, aren't you?
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Re: How Does My Fiance Remove His Name from a Birth Certificate if the Child is Not H
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Dogmatique
You're a Jets fan, aren't you?
Wow, it's really getting MEAN around here...That one made me wince!