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  1. #1
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    Default How to Change the Father on the Birth Certificate

    My question involves paternity law for the State of: Washington/Oregon
    Both men live in washington, the mother and child live in oregon, child was born in washington.

    My fiancee recently got a legal DNA test, collected at a lab and noterized although not through the courts, on a child he has been raising for almost 7 years. He wants his name on the birth certificate and her last name changed. The only issue is when she was born another man signed the affidavit(sp) stating he was the father. The named father never petionted it, the mother refused to get a test (until recently), and we were told up until a year ago that we couldn't ask for the test. Now that we finally have the test we were wondering where to start and what papers need to be filed to change the father on the birth certificate and to change the child's last name. Thank you for any help you can offer.

  2. #2
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    Default Re: How to Change the Father on the Birth Certificate

    How is he raising a child if the child lives in Oregon?


    Frankly he needs to speak with an attorney; the window in which paternity could have been challenged has long since closed.

    Even if the SOL hadn't run out, Dad would need to file a petition to establish paternity and have the court order a DNA test because the test you have is not legally admissible in court.

  3. #3
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    Default Re: How to Change the Father on the Birth Certificate

    She recently moved to Oregon, we live on the Washington/Oregon border, she's just a 45 minute drive away.

    The DNA test is legal, we were refered by the prosecuting attorney, it is gaurenteed to stand up in court, it just wasn't court ordered. I just need to find out how to get the courts to look at it. I have 2 children of my own, am helping support this child, supporting my dad due to some medical issues and am a student, a lawyer doesn't look likely in my near finacial future.

  4. #4
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    Default Re: How to Change the Father on the Birth Certificate

    That greatly surprises me; there isn't a single county in WA of which I'm aware which will take a non-court ordered DNA paternity test as evidence of paternity.

    Perhaps what the PA meant is that a private DNA test may convince a judge to then order a second DNA test. Things like "chain of custody" get in the way of private DNA tests...

    Regardless, the time in which paternity could have been challenged has long since passed. There is one tiny exception to this, and I'm not seeing it here.

    Now, where is LegalDad? Has he been involved in the child's life at all? At ANY point?

    There's a reason for my question

  5. #5
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    Default Re: How to Change the Father on the Birth Certificate

    That may have been what the PA ment, but they did say it holds up in court, the test was also done by the same agency that does the court ordered test. Samples were taken at a lab, all were fingerprinted and IDed. Sorry I'm not trying to argue, I am just a little confused. As I said before, up until about a year ago, we were told by everyone (PA, child support, DSHS, CLEAR, ect.) that we couldn't get a test, only if the mother requested it. But this last year they told us as long as the mother consents a court order isn't necessary, maybe they ment just to get the test, I hope not.
    But anyway, the Legal father has been in and out of prison and had minimal contact with the child, mostly when she was an infant, but still not much at all. Once a few months ago in the store while we had her, but she didn't recognize him. He is ordered to pay child support, but I dont know if he actually pays it.

  6. #6
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    Default Re: How to Change the Father on the Birth Certificate

    Then that answers my question - thank you.

    Sorry - paternity cannot, by statute, be challenged at this point.

    The legal father will remain the legal father, period.

    WA state has a time limit of 2 years in which paternity - once established - can be challenged. The only deviation from this would be if it could be proven that a) LegalDad and Mom never had sex during the probable window of conception and were certainly not living together, AND b) LegalDad has never "acted" as the child's father.

    Obviously if he's court ordered to pay support and had contact while the child was an infant, he's agreeing that the child is his legally.

    Sorry, but I cannot see WA allowing paternity to be disestablished at this point.

  7. #7
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    Default Re: How to Change the Father on the Birth Certificate

    Well if paternity cannot be changed, is there anything we can do to establish visitations? or even to change her last name? I do think it's odd that even though she's 7 and the test was just done, the biological father can't take responsibility. I would think that the state would want to have him take responsibilty. hmmm.... this bites

  8. #8
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    Default Re: How to Change the Father on the Birth Certificate

    The State recognizes a legal father and that's the guy who signed the paperwork right at the beginning.

    Honestly - your fiance is currently a legal stranger to the child with no more rights to visitation or custody than I. He's not Dad - it really is that simple.

    I know this isn't what you wanted to read, and I realize it's painful. But it is what it is.

  9. #9
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    Default Re: How to Change the Father on the Birth Certificate

    Also, does it help at all that the legal father knew when he signed the affidavit that my fiancee was a possible father, and most likely the father, does this fall under fraud? Also the mother herself has claimed that the legal father couldn't be the father according to the "math". There are a lot of different variations of the story from the mother. the legal father also states that maybe for the first few months he felt like she was his child, but after that he just felt he wasn't(feeling probably dont hold up in court huh), since then he hasn't really been "dad" he has just payed child support here. he was incarcerated for a good portion of the first two years of her life ( i may have misstated when saying infant, i probably should have just said very young,) but honestly I've been in her life more than the legal father, my fiancee is the one she knows as Dad.

  10. #10
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    Default Re: How to Change the Father on the Birth Certificate

    What we seem to have here is a Mom who was fine playing Musical Daddies, and a biological father who wants to actually be a Dad.

    I honestly doubt your fiance has any chance at all, but please - have him speak with an attorney; an initial consult shouldn't cost too much.

    Even in the case of fraud though, the SOL still applies.

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