change father on birth certificate

What is the name of your state? california
I guess that my situation is a little complicated. My son was born in may of 2000. Prior to pregnancy, i was with one boyfriend for 8 months. We had sex for the first time at the end of june of 1999. We broke up in aug. Regardless of why, i had ended up with someone else. We engaged in sexual relations at the end of aug.1999. I found out that i was pregnant in oct. I it had already been almost 3months since i had spoke with my ex so the thought never crossed my mind that there could be a chance he was the father. Anyway went through the pregnancy. Was engaged to the new boyfriend. had the baby. Baby looked nothing like boyfriend. Looked a lot like old boyfriend and me at time of birth. New boyfriend on birthcertificate. Time went on baby looked more and more like old boyfriend. decided to go over ultrasound date and things like that and that puts conception date in july of 1999. So at that point contacted old boyfriend, explained all. Since then, have split up with new boyfriend "father on birth certificate" and he has not seen child for 2 years. at the time we were together and talked about all the dates and the looks we had both agreed that this was most likely not his but after one year after breaking up he now insists on the ultrasounds being wrong. wants pat. test done, but wont pay for it. I am now married to the old boyfriend and the one i believe to be the father. Have had a second son( who looks very much like the first). Now I dont know just how acurate the ultra sound machine can give dates. I dont know what to do about my sons last name and he will be going to school before to long. pater. test are expensive for us to pay for alone. Am i just stuck untill he pays or we come up with all the money? Would one make a difference? Is that even where i start? If my husband turns out to be proven the bio father how much trouble will i be in. Wrong father was not intentional. Can the ex boyfriend try to get custody and win before a test is done if irequest that prior or would my son have to go with him until a test was done?

sorry so long but im so confused****************************

[Grace_Adler]

Am i just stuck untill he pays or we come up with all the money?

~I'm not sure. The best thing to do is call the Dept. of Vital Records. I believe in most states however, that you can't change a child's name on a birth certificate or the father, without a court order. You are not necessarily stuck. Did he sign an Affadavit of Paternity acknowleging he was the father when the child was born? If he didn't you can pursue child support. If he denies paternity, they will order a paternity test be done.

Would one make a difference?

~Yes. For medical reasons, moral reasons, child support, custody, visitation, ect.


Is that even where i start?

~You should get a consult with an attorney but yes, you need to know if this guy is the father for many reasons.

If my husband turns out to be proven the bio father how much trouble will i be in.

~Probably none since it was unintentional. If you pursue child support, just tell him you don't know for sure if he's the father but you thought he was at the time.

Can the ex boyfriend try to get custody and win before a test is done if irequest that prior or would my son have to go with him until a test was done?

~If he signed an Affadaffit of Paternity, he is legally the father and can file for custody, visitation and or support. If he didn't, he may have to prove he is the father before filing for these things. I need to know if he signed the AOP. Since he has not been around the child in 2 yrs, he most likely would not get sole custody. No your son would not have to go with him til a test was done.

First things first. Did he sign an AOP?

iCANT REMEMBER WHAT HE SIGNED. IT MIGHT HAVE BEEN. THE NURSES SAID THAT WE HAD TO SIGN SOME PAPER BECAUSE WE WERENT MARRIED AND THAT IN ORDER FOR HIM TO BE ON THE BIRTH CERTIFICATE WE HAD TO SIGN THIS PAPER OR THE CERTIFICATE WOULD HAVE TO SAY UNKOWN UNDER FATHER. iT DIDNT SOUND LIKE SHE WAS TELLING ME EVERYTHING ORJUST NOT COMPLETE. I ASKED HER HOWLONG IT HAD BEEN LIKE THAT BECAUSE MY PARENTS WERENT MARRIED WHEN I WAS BORN AND MY DAD AND MOM NEVER HAD TO DO ANYTHING LIKE THAT. SHE SAID IT WAS SOMETHING THAT HAD BEEN A FEW YEARS OLD. OTHER THAN THAT NOTHING WE SIGNED HAD A MENTION ABOUT THE CERTIFICATE IN THAT ASPECT. iF YOU THINK THAT IT MIGHT NOT BE WHAT YOUR TALKING ABOUT, HOW DO I FIND OUT?

ALSO WHAT DIFFERENCE DOES THE AFFIDAVIT MAKE IF IT WAS SIGNED OR NOT. AS I SAID BEFORE THAT I JUST HAD MY SECOND SON IN JUNE AND I DONT BELIEVE THAT MY HUSBAND HAD TO SIGN ANYTHING LIKE THAT BUT MAYBE HE DID. WOULD THE HOSPITAL HAVE GIVEN ME A COPY OF IT?

[nextwife]

First, please turn OFF your Caps lock. Second, a child of a married couple is legally presumed to be the child of the husband, and an affidavit of paternity would not be required in that situation.

[Grace_Adler]

Were you married when the child was born or did I miss that part?

No, at the time I was not married to either of them. I am now currently married to the first boyfriend whom I didn't think was the father till after the birth. The 2nd boyfriend who is on the certificate has not seen child for 2 years.

How do I go about getting a paternity test, and can I just have me husband tested or do both need to be tested?

[Grace_Adler]

I'm almost a 100% he signed an AOP which gives him legal rights to the child. Only fathers who are unwed would have to sign this. As of right now, he would be the legal father, if he signed it. You can try calling the hospital and finding out if he signed one or ask them how to go about finding out. I'm pretty sure Vital Records can tell you, I believe that's who they file it with.

So, if he's the legal father, then yeah, you're going to need a paternity test done. No both of you don't have to be tested, just the child and the father but the results come back better if all of you are tested. They probably do dna testing there and they will just take a swab of saliva with a q-tip.

I think it would be in your best interest to get a paternity test done. For a lot of reasons. If signed an AOP though, you guys are going to have to pay for it. Maybe you can split the costs. Then when you get the results, if it turns out your husband is the dad, you can get the name on the Birth Certificate changed, your child's name changed, the other guy won't be able to file for custody, visitation, and you will know the medical history for the child pertaining to the father's side, which will come in very handy.

I hope I covered everything.

yes you did. thank you so much. on last thing. where do i get a test done and what do i do about finding the "legal father" to get him tested?

thank you again

[Grace_Adler]

You're welcome.

Well around here you can get them done at places that do lab work like LabCorp. Some might even be listed in the yellow pages. You could also call a doctor and ask them.

As far as locating the other parent. I'm not sure. You could hire an investigator but that's expensive. You could also try USSearch, they charge a small fee for the info. If you know any of his friends or relatives, maybe they could tell you.