Do I Need to Remove the Father's Name from My Birth Certificate
My question involves paternity law for the State of: Ohio
I would like to remove the fathers name from from my birth certificate. My mother is deceased and I never knew my real father but my mothers husband at the time signed the birth certificate. (I was born in Washington, if that makes a difference) After she died he proved in a court of law he was not my biological father via DNA tests. I'm getting ready to apply for finacial aid for college and am afraid they will not consider me as an independent student if his name is on it. Should I and can I remove his name?
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
But was he actually disestablished - LEGALLY - as your father at that time?
(The reason I ask is because that after such a long time biology is very often irrelevant - this man may still be your legal father regardless)
Also, how old are you?
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
Im 17, and not really sure if he was Disestablishes. I do know that it was concluded that with his DNA tests he does not have to pay child support because he's not my biological father
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
Has another man, since that time, been established as your father?
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
No, no man was established as a father.
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
Then you really need to find out if your legal father was actually disestablished.
How did this end up in court? During what kind of proceeding?
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
Well the DNA tests came about during a custody case between him and my grandparents after the death of my mother. He was prooven to not be my father and therefore not responsible for child support.
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
One more question, I promise.
When did your mother die?
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
In august of 2003. The custody battle did not occur for I believe at least a year after words, if that matters.
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
Quote:
Quoting
APLAC
In august of 2003. The custody battle did not occur for I believe at least a year after words, if that matters.
OK hon. I'm sorry you're having to do this at all, but there is some info you need to obtain from your grandparents (who have custody of you right now, yes?).
Was this guy actually legally disestablished as your father? Disproving biological paternity does not necessarily mean that he's not still legally your father.
Is it possible that he merely signed over custody to your grandparents?
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
What you need to do is get a copy of your birth certificate, a copy of your mother's death certificate, and a copy of the court order declaring that the person who was (and probably still is) named to your birth certificate is not your father and has no obligation to support you, and present them to the college financial aid office. Ideally, they will accept that evidence to qualify you for financial aid without any expectation of parental contribution.
Re: Do I Need to Remove the Father's Name from My Birth Certificate
Well he never had custody of me in the first place. The seperates before he died. So I don't know that he could just sign over custody because he didn't have it.
Re: Do I Need to Remove the Fathers Name from My Birth Certificate
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Quoting
Mr. Knowitall
What you need to do is get a copy of your birth certificate, a copy of your mother's death certificate, and a copy of the court order declaring that the person who was (and probably still is) named to your birth certificate is not your father and has no obligation to support you, and present them to the college financial aid office. Ideally, they will accept that evidence to qualify you for financial aid without any expectation of parental contribution.
I truly hope it will be that simple in this case. I just don't feel it will :/
Quote:
Quoting
APLAC
Well he never had custody of me in the first place. The seperates before he died. So I don't know that he could just sign over custody because he didn't have it.
Hon, because he IS on your birth certificate and IS your legal father this would generally make him primary custodian when your Mom died. Thus, the custody battle between he and your grandparents.
Re: Do I Need to Remove the Father's Name from My Birth Certificate
Well he was fighting FOR custody not to keep it
and I agree this will prob not be simple.
Re: Do I Need to Remove the Father's Name from My Birth Certificate
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Quoting
APLAC
Well he was fighting FOR custody not to keep it
and I agree this will prob not be simple.
When the custodial parent dies custody general reverts to the other parent - in this case, the guy you're talking about.
He did not NEED to fight for custody. Custody would have been his by default until a third party became involved (this would have been, apparently, your grandparents).
See where I'm coming from? :)
Re: Do I Need to Remove the Father's Name from My Birth Certificate
Quote:
Quoting
APLAC
Well the DNA tests came about during a custody case between him and my grandparents after the death of my mother. He was prooven to not be my father and therefore not responsible for child support.
I would expect there to be an order disestablishing his paternity as part of that proceeding.