Removing non-biological parent from child birth certificate

[Archer Lynn]

What is the name of your state (only U.S. law)? Florida/Georgia
Several years ago, the person listed on my child’s birth certificate was found by DNA testing not to be the biological father. I want to remove his name from the birth certificate but not change my child’s last name. The court documents I have state that the person listed on the child’s birth certificate is not the biological father and he can be removed, but the documents also state that I change the child’s last name to my maiden name. (There are 2 children involved and 1 is the biological child of the man listed on both birth certificates. I do not want alienate one child by them having a different last name than their other sibling.) Do I have to go back to the courts and modify the documents so that it lists that only his name is removed or can I only remove his name from the birth certificate with the documents I have and not change the child’s last name?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Florida/Georgia
Several years ago, the person listed on my child’s birth certificate was found by DNA testing not to be the biological father. I want to remove his name from the birth certificate but not change my child’s last name. The court documents I have state that the person listed on the child’s birth certificate is not the biological father and he can be removed, but the documents also state that I change the child’s last name to my maiden name. (There are 2 children involved and 1 is the biological child of the man listed on both birth certificates. I do not want alienate one child by them having a different last name than their other sibling.) Do I have to go back to the courts and modify the documents so that it lists that only his name is removed or can I only remove his name from the birth certificate with the documents I have and not change the child’s last name?

Nope. The child's name gets changed. Why? Because the man was proven not to be dad. You got your wish. Changing the child's name is not going to alienate the one child more than you proving that the person who was thought to be dad is not dad. You made a decision. YOu have to live with the consequences of that decision. Have you found the actual biological father of your child? Or do you not care?

 

[Archer Lynn]

Nope. The child's name gets changed. Why? Because the man was proven not to be dad. You got your wish. Changing the child's name is not going to alienate the one child more than you proving that the person who was thought to be dad is not dad. You made a decision. YOu have to live with the consequences of that decision. Have you found the actual biological father of your child? Or do you not care?

First, there is no need for your nasty attitude! Second, it WILL alienate the one child by having a different last name. I watched it happen to my siblings growing up. That is why I haven't changed it after the DNA test was done. The person who signed the birth certificate KNEW he was not the father of this child, but wanted us all to have the same last name when he & I married. I do know who the biological father is but he has no desire to be a part of this childs life. He does not want to be on the birth certificate and frankly I do not want him to be listed as he is now a registered child sex offender. Also, the child knows the person on the birth certificate is not their biological father but the child was too young to remember him when he left. So, before you get all high and mighty, you might want to think that you do have the whole story.

 

[Ohiogal]

First, there is no need for your nasty attitude! Second, it WILL alienate the one child by having a different last name. I watched it happen to my siblings growing up. That is why I haven't changed it after the DNA test was done. The person who signed the birth certificate KNEW he was not the father of this child, but wanted us all to have the same last name when he & I married. I do know who the biological father is but he has no desire to be a part of this childs life. He does not want to be on the birth certificate and frankly I do not want him to be listed as he is now a registered child sex offender. Also, the child knows the person on the birth certificate is not their biological father but the child was too young to remember him when he left. So, before you get all high and mighty, you might want to think that you do have the whole story.

So cool. YOU COMMITTED FRAUD. Lovely. There is no nasty attitude. YOU chose to commit paternity fraud. There are consequences to that. You chose the father of the child when you had sex with that person. You don't get to play musical daddies because you moved on. You broke the law. Plain and simple. You are admitting to breaking the law. So before you get an attitude, check yourself because if you hadn't decided to commit perjury (a felony by the way) when you allowed non-daddy to sign the paternity affidavit, you wouldn't have this issue. There are consequences to being a liar. You are finding out what they are. Congrats.

 

[Silverplum]

You are ordered by the court to change that child's name to your maiden name. So change yours back, too. Done.

 

[Eekamouse]

Several years ago, a DNA test did not "find" that the person listed on your child's birth certificate is not the father. You already knew that because you committed fraud. The DNA test just confirmed your fraud. Don't try to paint it up into something it's not. You knew it was a big fat lie when you did it.

 

[Proserpina]

For what its worth, alienation is more likely if the parents make a huge deal about it.

 

[Ladyback1]

First, there is no need for your nasty attitude! Second, it WILL alienate the one child by having a different last name. I watched it happen to my siblings growing up. That is why I haven't changed it after the DNA test was done. The person who signed the birth certificate KNEW he was not the father of this child, but wanted us all to have the same last name when he & I married. I do know who the biological father is but he has no desire to be a part of this childs life. He does not want to be on the birth certificate and frankly I do not want him to be listed as he is now a registered child sex offender. Also, the child knows the person on the birth certificate is not their biological father but the child was too young to remember him when he left. So, before you get all high and mighty, you might want to think that you do have the whole story.

No, it won't alienate the child. Not if you, the adult, the parent, handle it appropriately. (My mom had 11 siblings, some were 1/2 siblings and some had a different last name. Did not alienate the 12 siblings from each other or from their parents. Why? Because they were all loved equally no matter what their name was!)
How old a child? How long have you dinked around and not done what you were suppose to?

I have to ask, does the father listed on the birth certificate have anything to do with either child?

This is just my opinion, but it sounds to me like you are more worried about how you will look to society, than worrying what is legal and the right thing to do.

 

[RRevak]

I have 3 children but one is not the biological child of my husband so she has a different last name than the rest of us. She's old enough to know and doesn't care. In fact, when asked if she wanted her name to be the same as ours she said no because she "likes her last name". It has never made her feel alienated and has never made her feel like she was less loved by my husband and I. A different last name will ONLY make a child feel alienated if the PARENTS make an issue out of it. If you never bring it up then I promise, your child won't give a hoot whether their last name is the same as yours or if it matches Barney the giant annoying dinosaur....does Barney even have a last name?

 

[ameerk]

Let Your Child Decide

What is the name of your state (only U.S. law)? Florida/Georgia
Several years ago, the person listed on my child’s birth certificate was found by DNA testing not to be the biological father. I want to remove his name from the birth certificate but not change my child’s last name. The court documents I have state that the person listed on the child’s birth certificate is not the biological father and he can be removed, but the documents also state that I change the child’s last name to my maiden name. (There are 2 children involved and 1 is the biological child of the man listed on both birth certificates. I do not want alienate one child by them having a different last name than their other sibling.) Do I have to go back to the courts and modify the documents so that it lists that only his name is removed or can I only remove his name from the birth certificate with the documents I have and not change the child’s last name?

Before you can think of what to do, think if you really have to! You gotta think twice before making changes in the child's birth certificate. If there's no problem so far, its advisable that you don't create any. If you're too considerate about changing it, talk it out with your child before you get questioned by him/her. If answering your child is gonna be no easy task, then I would tell you not put this into your child's mind at the first place. You don't just need to make any change. Just ease off!

 

[Ohiogal]

Before you can think of what to do, think if you really have to! You gotta think twice before making changes in the child's birth certificate. If there's no problem so far, its advisable that you don't create any. If you're too considerate about changing it, talk it out with your child before you get questioned by him/her. If answering your child is gonna be no easy task, then I would tell you not put this into your child's mind at the first place. You don't just need to make any change. Just ease off!

You missed the whole court order thing -- didn't you? So she should just ignore the court's order? OKay then. We don't tell people here to IGNORE court orders. That is akin to telling them to break the law. Another thing we don't tell them to do. While you gave a sweet feel good answer, it is not legally correct.

The court documents I have state that the person listed on the child’s birth certificate is not the biological father and he can be removed, but the documents also state that I change the child’s last name to my maiden name.