Fixing a Birth Certificate
My son has been living with a girl that has a son 7 years old. They have lived together for 5 years.
When the boy was born, the father was a one night stand and left town. When she had the baby, she put her boyfriend, at that time, on the birth certificate. the boyfriend was not the father. I want to help her unravel this mess, get the "boyfriend" off the birth certificate. how do i proceed??
Re: fix birth certificate
This is in the state of Arizona
Re: fix birth certificate
Quote:
Quoting
eturi68289
My son has been living with a girl that has a son 7 years old. They have lived together for 5 years.
When the boy was born, the father was a one night stand and left town. When she had the baby, she put her boyfriend, at that time, on the birth certificate. the boyfriend was not the father. I want to help her unravel this mess, get the "boyfriend" off the birth certificate. how do i proceed??
First the BF must establish himself as not being the Father he does this by petitioning court for paternity test. "You" don't proceed either the Mother or the BF proceed!
Re: fix birth certificate
Arizona Revised Statutes:
Quote:
25-814. Presumption of paternity
A. A man is presumed to be the father of the child if:
1. He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.
2. Genetic testing affirms at least a ninety-five per cent probability of paternity.
3. A birth certificate is signed by the mother and father of a child born out of wedlock.
4. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.
B. If another man is presumed to be the child's father under subsection A, paragraph 1, an acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption is rebutted. If the presumed father has died or cannot reasonably be located, paternity may be established without written consent.
C. Any presumption under this section shall be rebutted by clear and convincing evidence. If two or more presumptions apply, the presumption that the court determines, on the facts, is based on weightier considerations of policy and logic will control. A court decree establishing paternity of the child by another man rebuts the presumption.
It is not 100% clear whether or not the mother may initiate proceedings to disestablish paternity.
Does she know where to locate the father of the child?
Does he want to disestablish paternity?
It is doubtful that the court will allow the legal father of the child to disestablish paternity and leave the child with no father.
In any case, there is nothing you can do, other than help her find information on how to proceed.
Re: Fixing a Birth Certificate
I am helping the mother.
we have found the real father and he is willing to take a paternity test.
Once this is done, i assume we petition a court? to accept the test and add the real father on the birth cert. and delete the boyfriend.
Once this is done, he has said he will sign off on custody of the child( he wants nothing to do with the child) so the mother can have a document so she can do things, like get a passport, without the fathers approval while he is under 21.
Does this sound right?
Re: Fixing a Birth Certificate
What does the father who is identified on the birth certificate want to do?
Re: Fixing a Birth Certificate
He is cooperative and will do what the mother wants.
He would like to get out of any responsibility for the child and the mother is not looking for support from him.
Re: Fixing a Birth Certificate
Sorry, read your question wrong.
the father that signed the birth certificate is mad at the mother and is not cooperative at all and will not talk to the mother.
Re: Fixing a Birth Certificate
The "boyfriend" that signed the birth certificate is not cooperative.
Re: Fixing a Birth Certificate
His having been the child's legal father for seven years, and the mother being fully complicit in his identification as the child's father, I doubt that the mother will have much luck removing the legal father from the birth certificate. If she has not yet done so, she should consider consulting a lawyer.