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  #1  
Old 08-01-2009, 02:32 PM
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Join Date: Aug 2009
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Fixing Birth Certificate


What is the name of your state (only U.S. law)? Florida

Hi,

I have been reading through this forum and I am hoping someone will be able to help me. 12 years ago my ex husband decided to take on the role of "father" for my 2 daughters because I was having a child with him. At that time I had "unknown" for their father on their birth certificate. He signed the affidavit and we filed for a new certificate for them under his name.

Today we are divorced and my daughters are 15 and 13, they want to have my last name and remove him from their birth certificate because he is not their biological father and he has not seen them since we got divorced 7 years ago.

I'd like to know how I go about doing this. There is no way he would object to having his name removed and there is no way he would pass a paternity test because he is not their biological father.

Please advise. (Although we got divorced, he does not pay child support for them because we were not married until after our son was born)

Thanks
  #2  
Old 08-01-2009, 05:23 PM
Senior Member
 
Join Date: May 2004
Posts: 41,303
Quote:
Originally Posted by anivelis View Post
What is the name of your state (only U.S. law)? Florida

Hi,

I have been reading through this forum and I am hoping someone will be able to help me. 12 years ago my ex husband decided to take on the role of "father" for my 2 daughters because I was having a child with him. At that time I had "unknown" for their father on their birth certificate. He signed the affidavit and we filed for a new certificate for them under his name.

Today we are divorced and my daughters are 15 and 13, they want to have my last name and remove him from their birth certificate because he is not their biological father and he has not seen them since we got divorced 7 years ago.

I'd like to know how I go about doing this. There is no way he would object to having his name removed and there is no way he would pass a paternity test because he is not their biological father.

Please advise. (Although we got divorced, he does not pay child support for them because we were not married until after our son was born)

Thanks
You realize that you committed fraud correct? That is what is called a "back door adoption".

You will need his consent to change their last names...but you are not going to be able to remove him from their birth certificates.
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  #3  
Old 08-01-2009, 07:35 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,755
Quote:
Originally Posted by anivelis View Post
What is the name of your state (only U.S. law)? Florida

Hi,

I have been reading through this forum and I am hoping someone will be able to help me. 12 years ago my ex husband decided to take on the role of "father" for my 2 daughters because I was having a child with him. At that time I had "unknown" for their father on their birth certificate. He signed the affidavit and we filed for a new certificate for them under his name.

Today we are divorced and my daughters are 15 and 13, they want to have my last name and remove him from their birth certificate because he is not their biological father and he has not seen them since we got divorced 7 years ago.

I'd like to know how I go about doing this. There is no way he would object to having his name removed and there is no way he would pass a paternity test because he is not their biological father.

Please advise. (Although we got divorced, he does not pay child support for them because we were not married until after our son was born)

Thanks
Congrats on participating in the commission of a crime. It won't happen unless their biological fathers step forward and establish paternity. Such is what you reap when you sow a lie. Consequences consequences.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 08-02-2009, 01:27 AM
Senior Member
 
Join Date: Mar 2009
Location: Weigh a pie...
Posts: 6,640
Quote:
Originally Posted by anivelis View Post
What is the name of your state (only U.S. law)? Florida

Hi,

I have been reading through this forum and I am hoping someone will be able to help me. 12 years ago my ex husband decided to take on the role of "father" for my 2 daughters because I was having a child with him. At that time I had "unknown" for their father on their birth certificate. He signed the affidavit and we filed for a new certificate for them under his name.

Today we are divorced and my daughters are 15 and 13, they want to have my last name and remove him from their birth certificate because he is not their biological father and he has not seen them since we got divorced 7 years ago.

I'd like to know how I go about doing this. There is no way he would object to having his name removed and there is no way he would pass a paternity test because he is not their biological father.

Please advise. (Although we got divorced, he does not pay child support for them because we were not married until after our son was born)

Thanks
If Dad has been legally Dad for all these years you will be entitled to child support regardless of whether or not you were married. And Dad will be entitled to file for joint custody and/or visitation. He does not need to "pass" a paternity test because he's legally Dad.

You're going to see some harsh responses here - and you need to see them.

You made a decision several years ago that will have far reaching consequences, and this is just one of those consequences. You can't decide to make someone a father and then change your mind several years down the road, you know? He was obviously fit for the role then - and nothing you've said indicates that he's unfit.

He is Dad, and he is going to remain Dad unless he relinquishes his rights voluntarily or those rights are removed by the court. It's no longer your decision.
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  #5  
Old 08-02-2009, 06:16 AM
Senior Member
 
Join Date: May 2004
Posts: 41,303
I am going to revise my answer slightly because of this statement:

Quote:
Please advise. (Although we got divorced, he does not pay child support for them because we were not married until after our son was born)
If by any chance your divorce disestablished his paternity of the children, then you might be able to get their birth certificates changed...however that is a big IF.

Take your divorce decree and go get a consult with a local attorney.

However, for the sake of anyone else that might be considering doing what you did...and might read this thread, my other response still stands.
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