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  1. #1
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    Default Using a False Name When Applying for a Child's Birth Certificate

    My question involves paternity law for the State of: Arkansas

    At the time my girlfriend gave birth to our son she was a runaway,She used a friends name and social to have our child. She is currently off the runaway list and is legal, Can she be charged with anything if we go and try to fix the birth certificate to get her put on there since shes the biological mother and also because she currently has no rights and cant make medical decisions or any decisions at all because shes not on there.

  2. #2
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    Default Re: False Name Used by Mother on Birth Certi

    Ain't it lovely that she committed fraud when having the baby? She can be charged with identity theft. She can be charged with other things as well possibly. She may have to do a maternity test due to the fact that she lied. Isn't that special?

  3. #3
    Join Date
    Oct 2014
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    Default Re: False Name Used by Mother on Birth Certi

    She needs to see a family law attorney in her state, and the sooner the better. She could be charged with one or more crimes depending on the details of what happened, but whether she actually will get charged with anything is impossible to predict, especially as we have not much in the way of facts to work with. But if she wants to get the birth certificate changed and have a shot getting custody of the child, she needs to take action to do it, likely by filing a petition in court. The sooner she does that, the better chances she has to regain custody of the child.

  4. #4
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    Default Re: Using a False Name When Applying for a Child's Birth Certificate

    Quote Quoting Thomas0521
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    At the time my girlfriend gave birth to our son she was a runaway, She used a friends name and social to have our child.
    How old was she at the time? Is there also a father identified on the birth certificate?
    Quote Quoting Thomas0521
    She is currently off the runaway list and is legal
    How old is she now?
    Quote Quoting Thomas0521
    Can she be charged with anything if we go and try to fix the birth certificate...
    I don't see any way to amend the birth certificate without going to court. As taxingmatters suggests, she should get help from a lawyer.
    Quote Quoting Thomas0521
    ...since shes the biological mother and also because she currently has no rights and cant make medical decisions or any decisions at all because shes not on there.
    Who is presently caring for the child?

  5. #5
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    Default Re: Using a False Name When Applying for a Child's Birth Certificate

    She was 16 at the time of the birth,Yes the father is listed on the certificate which is myself. She's 18 now,and we are both currently caring for the child. It's the fact that she's not on there and can't make legal decisions for the child,Also if something were to happen to me she has no rights legally.

  6. #6
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    Default Re: Using a False Name When Applying for a Child's Birth Certificate

    How did you come to be named as the child's father? Did you participate in the fraudulent misrepresentation at the hospital, in applying for a birth certificate? If by AOP, who signed as the child's mother, using what name? If by paternity action, why didn't the issue of the mother's name come up in court, and why wasn't it addressed at that time?

  7. #7
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    Dec 2015
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    Default Re: Using a False Name When Applying for a Child's Birth Certificate

    Because I am the child's father that's why I was named and yes I participated and realize I could also get In trouble and it hasn't came up in court because there is no court and has never been court. There hasn't been a need until now because of her real name not being on there, She used her friends name

  8. #8
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    Default Re: Using a False Name When Applying for a Child's Birth Certificate

    Quote Quoting Thomas0521
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    Because I am the child's father that's why I was named and yes I participated and realize I could also get In trouble and it hasn't came up in court because there is no court and has never been court. There hasn't been a need until now because of her real name not being on there, She used her friends name
    granted you are named because you are the father but when filing an AOP, the mother has to sign it acknowledging you as the father as well. If the mother signed it using the name she used in filing for the birth certificate, you are going to have to prove your paternity as well because the document you signed was fraudulent and is now worthless because the person it states as the mother is not the actual mother nor was she there to sign the AOP. Since the person signing it, or at least the person she claimed to be, is not the mother, then she obviously cannot attest to the fact you are the father.

    so what happens if the person named as the mother comes a calling for her child? Wouldn't that be a hoot? Wouldn't it be something if she sued for custody?

  9. #9
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    Default Re: Using a False Name When Applying for a Child's Birth Certificate

    Quote Quoting Thomas0521
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    Because I am the child's father that's why I was named
    We are assuming that you are the father. The mechanism by which you were named to the birth certificate is relevant to the legal issues you and the mother now face. There's no need to get into a snit.
    Quote Quoting Thomas0521
    ...and yes I participated and realize I could also get In trouble
    I'll interpret that as your way of stating that you knowingly entered into a fraudulent acknowledgment of paternity.

    You and mom are going to have to bring an action in court, asking for the correction of the birth record. This is an unusual legal action, you're not going to find a how-to guide to handle it yourselves, and you should work with a lawyer.
    Quote Quoting jk
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    If the mother signed it using the name she used in filing for the birth certificate, you are going to have to prove your paternity as well because the document you signed was fraudulent and is now worthless....
    I disagree. The action would be to correct the identity of the mother on the birth certificate, not to set aside the AOP. Paternity is not in dispute, nobody else is claiming to be the father, and the court isn't going to remove an acknowledged father "just because". Besides, mom and dad can stipulate to dad's paternity now, just as they did before.
    Quote Quoting jk
    so what happens if the person named as the mother comes a calling for her child? Wouldn't that be a hoot?
    She would be within her present legal rights to bring an action against the OP for custody and child support.

  10. #10
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    Default Re: Using a False Name When Applying for a Child's Birth Certificate

    Quote Quoting Mr. Knowitall
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    I disagree. The action would be to correct the identity of the mother on the birth certificate, not to set aside the AOP. Paternity is not in dispute, nobody else is claiming to be the father, and the court isn't going to remove an acknowledged father "just because". Besides, mom and dad can stipulate to dad's paternity now, just as they did before.

    She would be within her present legal rights to bring an action against the OP for custody and child support.
    The aop is invalid because the actual mother did not sign the aop, well, the person signing it claimed to be somebody other than the actual mother.

    Once maternity is established the aop is worthless since the person it claims to be the mother is now proven to not be the mother. While an argument can be made the actual mother did in fact sign the aop using a false name, until that is adjudicated the person named as the mother will in fact be proven to not be the mother rendering the aop invalid. There will be no proof of paternity since the person named as the mother could not legally acknowledge the father as being the father.

    Sure once the true mother is proven to be the mother and correctly identified as such they can stipulate paternity but given the major screw up I would suggest it be simpler for dad to file a paternity action where he is adjudicated to be the father based on a dna sample. As it stands all the named mother has to do is dispute the authentication on the aop and its claim will be in legal jeopardy leaving the named mother as the only person a court is going to acknowledge as a parent until other court actions are filed. It would be very easy for the named mother to prove it is not her signature on the aop.

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