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Birth Certificate

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swepea

Guest
What is the name of your state? Utah
I resently found out by way of DNA test that my now ex husband is NOT the biological father of my son. Yet at the time of birth we wern't sure and he signed the birth certificate anyway. In our divorce papers I have soul custody but he has visitation. What can I do to get this guy off the birth certificate and out of my life? He is a lousey father and I think he is holding on to my son just to have access to me. I do not know who the biological father is, so contacting him is out of the question. Thanks for your help.
 


I AM ALWAYS LIABLE

Senior Member
swepea said:
What is the name of your state? Utah
I resently found out by way of DNA test that my now ex husband is NOT the biological father of my son. Yet at the time of birth we wern't sure and he signed the birth certificate anyway. In our divorce papers I have soul custody but he has visitation. What can I do to get this guy off the birth certificate and out of my life? He is a lousey father and I think he is holding on to my son just to have access to me. I do not know who the biological father is, so contacting him is out of the question. Thanks for your help.

My response:

You see, when you come here and tell lies, and ask for help based upon those lies, and you fail to give us all necessary information, how can you expect us to give you accurate legal advice or suggestions?

Of course you know, or have a strong suspicion, who the real father is of your child - - unless you're saying you're a "hussy" and had sex with numerous men at the time of conception. Is that what you're saying?

Also, we need to know the age of the child, and whether your husband was living with you at the time of the child's birth, and how long thereafter.

Now's the time to put all your cards on the table, and stop telling lies - - if you're really looking for assistance.

IAAL
 
Oh c'mon IAAL, you know no one actually wants assistance here! They just want a pat on the back and for everyone to say what a rotten person their counter part is while saying stay on task, you are doing fine.

*sizzle*
 
B

bray98

Guest
Ofcourse, none of us could possibly want actual advice. Why else would people do all that research and then put private info out on the web, it must be because we aren't sincerely looking for advice. That makes sense............
 
if this is necessary, thru the dept. of vital statistics there is an application for amended birth cert. based on paternity. usually requires 2 signatures. you and one of the fathers. there's also an application for acknowledgement of paternity. You'll need these without a court order.

It is best if a child can have a mom and a dad in there life. If it's an older child and you don't know who the biological father is or perhaps if the other father has been in the childs life for a while now - if he really cares for the child and he knows he's not the father, I'd think he would get over you and be the father he needs to be knowing that you're thinking of taking his rights to the child away. I'm a mother of two, not proud of the bio. father I chose to have children with and I'm remarried and thankful for the step-father. I just tell myself that maybe in the long run my children are lucky to have two dads in thier life.

iaal - everyone has different circumstances in there life. some can't afford legal advise and some don't want to start a court battle. some just want what is best for a child and welcome info. and advise.
 
S

swepea

Guest
Thanks for being a jerk...

Hey I posted here for advice, not to be judged. Thanks for kicking someone who is already down.
 

I AM ALWAYS LIABLE

Senior Member
Re: Thanks for being a jerk...

swepea said:
Hey I posted here for advice, not to be judged. Thanks for kicking someone who is already down.

My response:

Then stop telling lies, and answer my questions. Then, perhaps, I can "help" you.

But, I really don't like helping people who lie right out of the starting blocks.

But, if you insist on lying to us, I'm not going to waste my time to help you. Obviously, no one else has been able to help you - - even Ms. Maples is incorrect. If you want MY help, you're going to have to cut the crap.

IAAL
 
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iaal- I'm unsure of what was incorrect in my reply. just trying to give a little something to look into. I wasn't saying that was the answer to the problem. I'm not an attorney wish I were, but had recently looked over the applications and thouht I would mention them. by the way would you mind giving a little input concerning my post - a father's right no name on birth certificate. I'd much appreciate it.
 
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bray98

Guest
IAAL,

What makes you think that she is lying about anything there are several reasons that I can think of as to how she may not know who the biological father is, and none of them would be my business to know.
This is a legal advice forum, not a talk show, she isn't here to be judged or questioned of her past, she gave you the facts and asked for advice based on those facts..............if you don't have an answer I am sure that there is a more polite way to tell her that.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Okay, using the information from her post, go ahead and give me "several" - - that make sense.

Don't just give me crap like rape, incest, or whatever. Even then, she'd know who the father is. When she applies for Welfare, or other Child Support tax supported funds, you can believe me when THEY ask, she'll come up with the name. Otherwise, she gets nothing.

So, go ahead - - tell me how a woman wouldn't know her "partners", unless, like I said, she had numerous partners at the time of conception - - one right after the other and on close days.

IAAL
 
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bray98

Guest
Well yes there is rape, not that it is my first thought, but it could happen, it does happen, and if it happened to me I wouldn't post it, especially not on this site. Not that is what it was but you can't assume either way.
Yes she could of dated several guys, maybe she did maybe she didn't, and like I said I don't think that either way it is the business of anyone who reads or responds to this forum, or she would of explained in her first post. I don't want to get into a huge debate over this or ruffle any feathers. I just don't see how people can assume that someone is lying, and if she is.......I don't see how that would affect the answer either way, she wasn't asking if the judge would allow her to remove the father from the birth certificate without there being someone to take the role of the childs father, she was just simply asking if she could even take him off the certificate.
Either way, I just don't think it is right to call a woman a hussy when all she does is ask for advice, and if she is, that is her business, she didn't ask anyone for advice on how she should date. But that is simply my opinion, ofcourse you can say whatever you feel, and want to about whoever or whatever, I just thought it was kind of mean.
 

I AM ALWAYS LIABLE

Senior Member
bray98 said:
Well yes there is rape, not that it is my first thought, but it could happen, it does happen, and if it happened to me I wouldn't post it, especially not on this site. Not that is what it was but you can't assume either way.
Yes she could of dated several guys, maybe she did maybe she didn't, and like I said I don't think that either way it is the business of anyone who reads or responds to this forum, or she would of explained in her first post. I don't want to get into a huge debate over this or ruffle any feathers. I just don't see how people can assume that someone is lying, and if she is.......I don't see how that would affect the answer either way, she wasn't asking if the judge would allow her to remove the father from the birth certificate without there being someone to take the role of the childs father, she was just simply asking if she could even take him off the certificate.
Either way, I just don't think it is right to call a woman a hussy when all she does is ask for advice, and if she is, that is her business, she didn't ask anyone for advice on how she should date. But that is simply my opinion, ofcourse you can say whatever you feel, and want to about whoever or whatever, I just thought it was kind of mean.

My response:

There are solid, legal, reasons for my questions to her. I don't ask these types of questions without something legal in mind - - the least of which are custodial, constitutional, issues. Then, there's the putative father question. You see, there are reasons well beyond merely asking for some less than legal reason. I've been practicing family law for nearly 23 years, and I don't care if she spread her legs for 100 men. All that matters is that if she wants to get her husband off the birth certificate, even though he and she were living together when the child was born, then she's going to have to stop lying to me and admit she knows, or has a strong suspicion of, who the father is.

But, I didn't expect you to know, or realize, that there are legal issues that need to be worked out with our writer. You just thought I was being "kind of mean" for asking her, and "calling" her bluff. But, when I smell a liar, then a writer gets nothing more from me. So, when a woman says she doesn't "know" who the father is, that's a load of bullcrap.

In 23 years of practice, I've been around the block more than a few times with women like our writer. Believe me, she thinks she's unique - - well, she isn't.

So, unless you understand law, don't ask why a question is being asked. Ask what the legal purpose is for a particular question. When I ask a question, I have a good reason for asking. And, I may not reveal that reason until the actual writer responds, first.

IAAL
 
looking for input from iaal

my spouse and i are thinking he should send a letter with some requests in it to the mother of his child. attempt to mediate in good faith. we're unsure how to proceed. we don't want to make her more spiteful, but we want to be prepared legally, should it come to that. i have a post - a father's right no name on birth certificate if you could check it out. I didn't include in it that this situation stems from a highschool relationship(8 yrs ago). it ended before birth of the child and then was on again off again. the father has continuously tried to have an active role in the childs life but only allowed to during times when relationship was on again. Access was always denied to all (grandparents...)when relationship was off. I think the post covers the rest, accept that I see a mother of two children by two different fathers playing the spite game with both fathers to this day(if you don't want me then you don't get the kids - i'll take your money but that's all your good for). My spouse isn't asking for much. is there some nice way for him to say to her I am his father i can bring more to his life, allow me to - and have a plan when she slams the door in his face or ignores the letter. there is a court order its in the post. I hope i've included enough and that you'll please give some input. I'm always lengthy(if you will read the replies to the post too. beg beg beg
 

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