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Can You Remove a Criminal Father's Name from a Child's Birth Certificate

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  • 12-20-2016, 03:03 PM
    lawfacts
    Can You Remove a Criminal Father's Name from a Child's Birth Certificate
    A mother wants to remove her husband's name from their child's birth certificate, due to his having been convicted of sexual assault of a minor. She doesn't want her child to be associated with the father or his crime, which received considerable local media attention in their Georgia community. Can she remove his name from the birth certificate?
  • 12-20-2016, 03:40 PM
    Mr. Knowitall
    Re: Can You Remove a Criminal Father's Name from a Child's Birth Certificate
    Very few people will see the child's birth certificate, so the mother can accomplish much of what she wants through a name change. The mother would have to prove that the name change is in the child's best interest, and the father can object.

    In the alternative, to actually change the father's name on the birth certificate, if the woman has remarried she can explore the possibility of stepparent adoption. Dad would again have the opportunity to object, but under the facts (and with his presumably being in prison) there is a significant chance of the court finding the adoption to be in the child's best interest.
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