BIRTH CERTIFICATE

I AM TRYING TO CHANGE MY CHILDS NAME BACK TO MY LAST NAME, HOW DO I GO ABOUT CHANGING/AMENDING THE BIRTH CERTIFICATE? IS THERE DO-IT-YOURSELF PAPERWORK/MOTIONS TO FILE, OR DOES SOMETHING LIKE THIS REQUIRE A LAWYER? ALSO, DOES THE "BIOLOGICAL FATHER" HAVE TO OK THIS? CURRENTLY HIS WHEREABOUTS ARE UNKNOWN. ANY INFO HELPFUL. THANKS FROM KANSAS.

[ALawyer]

Go to the local courthouse and ask the clerk for some help. -- like what papers to file, how long it takes, what it costs, etc. and see if you really need a lawyer.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to [url="http://AttorneyPages.com"]http://AttorneyPages.com[/url]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ALawyer:
[b]Go to the local courthouse and ask the clerk for some help. -- like what papers to file, how long it takes, what it costs, etc. and see if you really need a lawyer.

[/b]<HR></BLOCKQUOTE>
I DID THIS, THEY WOULDN'T HELP ME BECAUSE THEY SAID THAT WOULD BE GIVING ME LEGAL ADVICE AND THEY ARE NOT ALLOWED TO GIVE LEGAL ADVICE, I APPRECIATE YOUR HELP, BUT BY ANY CHANCE DO YOU HAVE ANY OTHER OPTIONS? THANKS AGAIN

[usmcfamily]

It is a fact that they are not allowed to give legal advice, however they are able to provide you with forms....my suggestion is to go back to the clerk office and ask them for the papers to file for a "name change/Birth Certificate Amendment"....even if this is not the exact name it will get your point across to where they will know which papers it is you are wanting and they will be able to give them to you. I have had this same problem. One other thought is to try the local legal aid offices as they also have these papers available AND are able to provide advice! Or, if none of this works, contact an attorney in the area and inquire as to the name of the forms and whether they would be available at the court office - they will usually provide this type of information to you freely (could always sneak it in as an "initial consulataion" which is also typically free from attorneys!!)
One thought, as to amending the birth certificate itself you may not be able to do that ..... in the case of most name changes the certificate is not actually amended - there is simply an order of the court entered stating the change from old to new identity and you take that to the Social Security office to change the name on the card and from there on the person is known legally by the new name. You may, however, also want to inquire a little further into that in your area (ie. attorney consultation or legal aid again) to acertain local statutes...I just know that is how it is here.
I would strongly suggest involving a lawyer, or at the very least the advice of legal aid, in regards to notification of the bio-father....even not knowing where he is, if you know who he is or he has acknowledged paternity you are legally required (again, to my knowledge please confirm this) to notify him of any legal matters of this type. It can be as simple as submitting an affidavit - swearing under oath and threat of perjury that you do not know of his whereabouts, or you might actually be required to provide proof you attempted to locate him (contacting old friends/relatives, following leads, phone book search, etc)and that you "publicized" the pending matter in the area you think he is....this all depends on local regulations as to which method will be acceptable...that is why I would urge you to get actual legal advice for your area. Reason being, if you do this but not by the book it could REALLY bite you in the butt later!
Good luck and God Bless

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usmcfamily:
[b]It is a fact that they are not allowed to give legal advice, however they are able to provide you with forms....my suggestion is to go back to the clerk office and ask them for the papers to file for a "name change/Birth Certificate Amendment"....even if this is not the exact name it will get your point across to where they will know which papers it is you are wanting and they will be able to give them to you. I have had this same problem. One other thought is to try the local legal aid offices as they also have these papers available AND are able to provide advice! Or, if none of this works, contact an attorney in the area and inquire as to the name of the forms and whether they would be available at the court office - they will usually provide this type of information to you freely (could always sneak it in as an "initial consulataion" which is also typically free from attorneys!!)
One thought, as to amending the birth certificate itself you may not be able to do that ..... in the case of most name changes the certificate is not actually amended - there is simply an order of the court entered stating the change from old to new identity and you take that to the Social Security office to change the name on the card and from there on the person is known legally by the new name. You may, however, also want to inquire a little further into that in your area (ie. attorney consultation or legal aid again) to acertain local statutes...I just know that is how it is here.
I would strongly suggest involving a lawyer, or at the very least the advice of legal aid, in regards to notification of the bio-father....even not knowing where he is, if you know who he is or he has acknowledged paternity you are legally required (again, to my knowledge please confirm this) to notify him of any legal matters of this type. It can be as simple as submitting an affidavit - swearing under oath and threat of perjury that you do not know of his whereabouts, or you might actually be required to provide proof you attempted to locate him (contacting old friends/relatives, following leads, phone book search, etc)and that you "publicized" the pending matter in the area you think he is....this all depends on local regulations as to which method will be acceptable...that is why I would urge you to get actual legal advice for your area. Reason being, if you do this but not by the book it could REALLY bite you in the butt later!
Good luck and God Bless[/b]<HR></BLOCKQUOTE>

THANKS A BUNCH USMCFAMILY--GOD BLESS U AS WELL.