Can Ex-Wife Falsify Birth Certificate

[noelcsa]

My question involves paternity law for the State of: California.
Can my ex-wife put my son in a public or private school using her last name instead of mine that is on my sons birth certificate? can she lie to my five year old and tell him his name is not the same as mine when the birth certificate and ssn card has my last name and on his birth certificate have me as the father? can I have her thrown in jail for falseification of documents and lying to my son? I asked him today what his last name was and he said a different name then mine, she is brain washing him. I need help. Thank you

[Dogmatique]

This is actually two questions.

Can she? Yes, she can.

Will there be consequences? Yes, there may be.

Has she remarried? You haven't been served with anything talking about changing your son's name, correct?

No, she's not going to go to jail - forget that. I'm not sure why you'd wish that on your child's other parent but I suppose it takes all sorts.

[noelcsa]

She has not remarried she spends her time thinking of ways to hurt me using my son to get back at me. She is very vindictive and lies to the courts which the judge finally saw through her lies and changed the visitation orders. If you went throught the hell that I have gone through and my family for the past three years you would see why I would like to have her in jail, if she was in jail she would not play the head games on our child and maybe being in jail she would get her act togeather and see that there are consequenses for her lies and threats, so yes I guess it takes all sorts. Are you an attorney?

[CourtClerk]

There is absolutely nothing in your post that suggests that there is anything criminally actionable.
She can tell the child his name is anything she wants. The school will generally use whatever the child's legal name is.

[noelcsa]

ok, but don't people care if they screw with a childs head or does this country not care about the child anymore and only care if they can mess with a childs mind to turn them they want the child to be. Now the school will use the name on birth certificate how about she has falsifiyed it then what?

[CourtClerk]

Come back when something actionable happens. No one is going to deal with what ifs. What if the sky turns purple. What if a cow actually jumps over the moon. We could be here for the next 5 years talking about what ifs.

[Foster_Foster]

It sounds to me as though you need to address the parental alienation issue with the relevant family court, no?

[LawResearcherMissy]

If you went throught the hell that I have gone through and my family for the past three years you would see why I would like to have her in jail, if she was in jail she would not play the head games on our child and maybe being in jail she would get her act togeather and see that there are consequenses for her lies and threats, so yes I guess it takes all sorts.

What you would like to see and what is realistic are two entirely different things. As much as you may wish it otherwise, it's not illegal for your ex-wife to be manipulative and assy. It's simply not a criminal matter, so there's no jail time coming. Period. Put this idea out of your head.

Are you an attorney?

Are you a paying client? If you want an attorney, you go hire one. If you want the opinions of educated laypeople, you come here. No one promised an attorney would answer you here.

It sounds to me as though you need to address the parental alienation issue with the relevant family court, no?

...except that "parental alienation" has been roundly debunked and only irritates the judge when people try it.

[Chede]

I am OBVIOUSLY not even close to being an attorney! Right now, don't let it get to you like it is. Take your son's birth certificate to the school and talk to administration and have them correct his name. Call the district and have them correct it as well. ALSO, have them include you (his father) on any mailings from the school and his teachers and update the Emergency Contact forms to include you. If you are feeling alienated, take the initiative to be a part of your son's school experience. I am guessing that you will be a part of his school life and attend his school functions and conferences? If you have to, give the administration a copy of your orders with custody/school information. Definitely talk to the Principal and start teaching your son to write his "real" name, on his birth certificate. Who holds the insurance? If it is you, I am guessing you will have insurance cards with his "real" name on it as well. If it is not you, you should still have the insurance cards with his real name on it? Give those to the school for documentation too. Meanwhile, have someone send your son (or you can too) a snail mail letter with his name on it.. his "real" name.. he is at an age where he should be recognizing his name, and make a big deal out of it. Just start doing little things to help him understand he has another name (which is actually his birth name). Good luck!