Changing Childs birth Certificate

CA: I'd like to know exactly what steps to take to change my sons Birth certificate.

I was married at the time of his birth but not to his father. My ex husbands name is on the BC. His father and I are now married and we've been trying to go about changing his BC for several years now. We cant seem to get a straight answer on what steps to take and we cannot afford an attorney.
Any help would be appreciated.
Thanks

[Shay-Pari'e]

Has your husband taken a DNA test, as well as your son?

[I AM ALWAYS LIABLE]

Originally posted by karroyo
CA: I'd like to know exactly what steps to take to change my sons Birth certificate.

I was married at the time of his birth but not to his father. My ex husbands name is on the BC. His father and I are now married and we've been trying to go about changing his BC for several years now. We cant seem to get a straight answer on what steps to take and we cannot afford an attorney.
Any help would be appreciated.
Thanks

My response:

If your child is more than two years old, then it's not going to happen.

Presumed father status despite biological nonpaternity: Although genetic and blood test results showing no biological connection with the child amount to "clear and convincing evidence," it does not automatically follow that such evidence will rebut a Ca Fam § 7611 parentage presumption. Quite the contrary, by stating a § 7611 presumption "may be rebutted in an appropriate action," Ca Fam § 7611(d) vests courts with discretion to determine a particular case is not "appropriate" for defeating the paternity presumption even with "clear and convincing evidence." [In re Nicholas H. (2002) 28 Cal.4th 56, 66-67, 120 Cal.Rptr.2d 146, 154; In re Jerry P. (2002) 95 Cal.App.4th 793, 803-804, 116 Cal.Rptr.2d 123, 130 (pub. ordered 6/6/02); see also see In re Raphael P. (2002) 97 Cal.App.4th 716, 730, 118 Cal.Rptr.2d 610, 621--"social relationships may 'trump' genetics in an appropriate case"]

A court-ordered set-aside of the declaration based upon genetic tests results in any action to determine the existence or nonexistence of the father-child relationship under Ca Fam § 7630, or in any action to establish custody, visitation or child support based upon the voluntary declaration (a genetic tests motion by a local child support agency, the mother or presumed father must be brought within two years of the child's birth). [Ca Fam § 7575(b)]

IAAL

[Shay-Pari'e]

Very well stated. I feel for the "Non Biological" dad, he must be miserable.

[I AM ALWAYS LIABLE]

[quote]Originally posted by --PARIDISE--


Very well stated.

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My response:

Thank you for your Good Housekeeping Seal of Approval.

IAAL

[Shay-Pari'e]

And a special thanks to you for being my personal dictionary.