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  1. #1

    Default Help With Name and Birth Certificate Change in Florida

    My daughter is 4 years old. I was not with her biological father when she was born. He wanted nothing to do with her or me. He did not believe that she was his. My boyfriend at the time of her birth decided that he wanted us to be a "family" and he wanted to be her father, so he was named as her father on her birth certificate and she has his last name. Before she was a year old he broke up with me. I couldn't go after her biological father for child support right away because of the man named on her birth cert. After paternity testing proved that he was not her father, I was able to persue her biological father for child support. It has been a long drawn out process over the past 2.5 years. I have decided not to persue with child support - I don't want to have to send my child away with strangers if he pushes for visitation (which I'm assuming he would since he threatened to take her away from me if I took him to court for child support).

    I want my daughter to have my last name. I also would like to have the other man removed from her birth certificate (I don't even know if that is possible).

    I know I need permission from her father, but since her biological father has not been legitmized....who do I go to for permission? It took over two years for the child support office to find him, so it won't be easy to get his permission. I'm thinking that "technically" the other man is her "father", so I could just get his permission, correct?

    Thanks!

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Need help with name change and birth certificate in FL

    Quote Quoting signonunknown
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    My daughter is 4 years old. I was not with her biological father when she was born. He wanted nothing to do with her or me. He did not believe that she was his. My boyfriend at the time of her birth decided that he wanted us to be a "family" and he wanted to be her father, so he was named as her father on her birth certificate and she has his last name. Before she was a year old he broke up with me. I couldn't go after her biological father for child support right away because of the man named on her birth cert. After paternity testing proved that he was not her father, I was able to persue her biological father for child support. It has been a long drawn out process over the past 2.5 years. I have decided not to persue with child support - I don't want to have to send my child away with strangers if he pushes for visitation (which I'm assuming he would since he threatened to take her away from me if I took him to court for child support).

    I want my daughter to have my last name. I also would like to have the other man removed from her birth certificate (I don't even know if that is possible).

    I know I need permission from her father, but since her biological father has not been legitmized....who do I go to for permission? It took over two years for the child support office to find him, so it won't be easy to get his permission. I'm thinking that "technically" the other man is her "father", so I could just get his permission, correct?

    Thanks!
    This is complicated enough that you really need to get a consult with a family law attoney to make sure you are doing it correctly. You can get a 30 minute consult for $25 by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Need help with name change and birth certificate in FL

    You should not expect that a judge is simply going to let you walk into court and bastardize your child. Further, if you do get the child's legal father removed from the birth certificate, you open the door to bio dad's bringing a paternity lawsuit.

  4. #4

    Default Re: Need help with name change and birth certificate in FL

    Quote Quoting Mr. Knowitall
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    You should not expect that a judge is simply going to let you walk into court and bastardize your child. Further, if you do get the child's legal father removed from the birth certificate, you open the door to bio dad's bringing a paternity lawsuit.
    So you're saying that man's name will forever remain on my daughter's birth certificate if her biological father is never legitmized? Not really a problem since he is actually still involved in her life. Whereas her biological father has had no contact whatsoever.

    If I were to drop our child support case, could her biological father come after me for a paternity lawsuit later? Could I then just persue a name change through her "legal" father? Also, is he still her "legal" father even though a paternity test has proven him not to be her biological father?

    If I still have to go through her biological father for a name change, how would I get his permission if I have no means of contacting him. I have no idea where he lives.

  5. #5
    Join Date
    Sep 2005
    Location
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    98,846

    Default Re: Need help with name change and birth certificate in FL

    I would suggest that you consult a family lawyer about your situation, and the best course of action to take to achieve your desired result.

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