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  1. #1
    Join Date
    Jul 2011
    Posts
    3

    Question How to Remove Name if Location of "Father" Unknown and No DNA Test Can Be Performed

    My question involves paternity law for the State of: Florida/Arizona

    When my son was born 4 years ago I made a big mistake. The person I thought was possibly the father lived outside of the US and I originally did not list a paternal name on the BC after the birth.
    About 6-8 months later I contacted him and sent him the paperwork to have his name on the BC. I was unsure from the start that he was the father but we agreed that he should be the one listed. I was naive and did not realize that once you list a name that's it.
    Now that my son is older I realize that I made a huge mistake and that he looks nothing at all like him. My family agree that there is a very slim chance he's the father. He has too many characteristics that do not come from me or him. I am very sure about this.

    The man listed on the BC has had nothing to do with my son and has not contributed any money. I do not know where he is (somewhere in south America). The last address and phone number I have are now invalid. If he is not the father I really want his name removed.
    How do I get a DNA test performed if a) he is not in the US and b) I can not locate him.
    I currently live in Florida, and spend 6 months of the year in AZ and 6 months in FL.

    Is there anything at all I can do? I tried to locate the person that I think might be the father but he has fallen off the face of the earth too.... Sigh.... He unfortunately has a very common name and when I google him or search facebook, thousands of people pop up.
    I don't care about child support, I just want the BC fixed.
    Thank you in advance for taking the time to read this and hopefully answer. I really appreciate this as I am a bit clueless.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to Remove Name if Location of "Father" Unknown and No DNA Test Can Be Perform

    Sorry, this isn't going to happen unless you can get Legal Father AND Bio Father involved.

    Or at the very least, Bio Father. Neither AZ nor FL will disestablish paternity unless there is someone else willing to step up and become the legal father.

  3. #3
    Join Date
    Jul 2011
    Posts
    3

    Default Re: How to Remove Name if Location of "Father" Unknown and No DNA Test Can Be Perform

    Thanks for the quick response.
    Not the answer I was hoping for but oh well.... i really messed up this time.

    Just out of curiosity there are states that allow this? Maybe relocating might not be such a bad idea.

    And I once read you can put something in the newspaper like a public notice and if there is no response you can get a court order to remove the father's name. Sorry, like I said I do not know much about the paternity laws so maybe this does not pertain to my situation.

    I am poor and can not afford an attorney but would that be something that might help or is there no point?
    I don't know what I am going to do when my child needs both parental consents in the future for documents and such, so that worries me more than anything. I was really hoping there was something I could do....

    Thanks again.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to Remove Name if Location of "Father" Unknown and No DNA Test Can Be Perform

    No, that's not how it works. That's called "forum shopping".

    The issue of paternity will remain where the child was born.

    You can, however, file in court for sole legal and physical custody. THAT will give you permission to do just pretty much everything - including getting a passport - without needing consent from the other parent.

  5. #5
    Join Date
    Jul 2011
    Posts
    3

    Default Re: How to Remove Name if Location of "Father" Unknown and No DNA Test Can Be Perform

    Thanks again for your time and answering all my questions.
    I will look into sole custody and hopefully that works for my situation. I just need to prove i can not find the father on the BC?
    Will I need an attorney for this or can I file on my own?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to Remove Name if Location of "Father" Unknown and No DNA Test Can Be Perform

    You can file on your own, yes. But since you don't know where he is, you're likely going to end up serving him by publication and it's usually recommended that you have at least an initial chat with an attorney about that.

    (Very generally, you'd need to serve him at last known addresses, and then see if your court allows alternate service and follow their guidelines - much easier with an attorney )

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