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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Default How to Remove Father's Name from Birth Certificate (Not Bio Father)

    My question involves paternity law for the State of: virginia
    need to know how to go about removing my name from the birth certificate of a child i thought was mine but later found out it wasnt. and can i get the bio mother to pay for it all with out involving my check book...

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Remove Fathers Name from Birth Certificate (Not Bio Father)

    from the limited information you have provided, I would suggest an eraser.


    Seriously, how old is the child? How did your name end up on the BC; AOP or court action?

    why do you believe the mother should pay for anything? Apparently you thought you were the father so why would she be wrong for believing it was your child as well?

  3. #3

    Default Re: Remove Fathers Name from Birth Certificate (Not Bio Father)

    Were you married to mom? If so, the child would have automatically been considered yours anyway. If not, the burden is on you to ensure paternity before signing the birth certificate or acknowledgement of paternity.

    Is the actual father ready, willing, and able to step up to establish himself as the father? The courts want children to have TWO parents, and if you've already claimed to be one of them, the court may not remove you even if you are not the biological parent without the "actual" parent to put in your place.

    How old is the child now?

    This isn't likely to involve mom's checkbook, but your own. As JK noted, if you had reason to believe that you were the father, then so did mom - so mom's not going to bear the brunt of costs for a wrong assumption. Unless you were married to her, you really had no rightful expectation of fidelity, so unfortunately the burden in such cases rests with you to make sure that you are the father BEFORE admitting to such on a legal document such as a birth certificate, AOP, or similar.

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