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How to get husbands name off birth certificate?

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pharmacy girl

Junior Member
What is the name of your state? California. Ok I got pregnant when I was 17 and had some trouble with my boyfriend, I got mad and broke up with him and didnt see him again. When I was 6 months pregnant I met this guy and when I was 8 months pregnant we got married. He signed the birth certificate and the declaration of paternity paper. That was in 1999. My son was born in July 1999 in the end of 2000 my husband started using drugs and getting violent with me so we split up for about 1 year I continued to try to keep him in my sons life. In August of 2001 I moved to another town alone and in October of 2001 I met up with my sons biological father and he met our son and we have pretty much lived with him ever since. He has supported our son, had medical for him. We have not seem my husband since August 2001 as far as I have heard he is still into drugs. I havent divorced him because I am afraid that I will make him mad and then he will do whatever he can to hurt me, so I leave it alone. What can I do to change the Birth certificate and my sons name. Do I have to let my husband know that I am doing this?
 


CJane

Senior Member
So, you want to know how to uncommit fraud?

Is the legal father (your husband) paying support, or anything else?
 

pharmacy girl

Junior Member
No he doesnt pay anything he has not helped with anything he hasent even seen him. My son has no idea who he is and has never even asked about him. As for the fraud thing look what can I say I was 17 and didnt know my head from my a$$ and I thought I was doing the right thing for my son. How was I to know he would get into dope and start beating me up. I know it was wrong and it doesnt matter but I thought I was doing the best thing for my son at the time.
 

LdiJ

Senior Member
pharmacy girl said:
No he doesnt pay anything he has not helped with anything he hasent even seen him. My son has no idea who he is and has never even asked about him. As for the fraud thing look what can I say I was 17 and didnt know my head from my a$$ and I thought I was doing the right thing for my son. How was I to know he would get into dope and start beating me up. I know it was wrong and it doesnt matter but I thought I was doing the best thing for my son at the time.
You and bio-dad are going to need an attorney to straighten this one out.
 

pharmacy girl

Junior Member
I cant really afford an attorney and so far the legal aid in my town suck and I dont know where to go from here or what step to take next.
 

CJane

Senior Member
pharmacy girl said:
I cant really afford an attorney and so far the legal aid in my town suck and I dont know where to go from here or what step to take next.
Considering what is involved as far as fraud (regardless of your reasoning, that's what it was) and changing the documents and notification of the legal father and verification of the biological father, etc - there's no way you should attempt this without an attorney.

Why do you say that the legal aid in your town sucks?
 

HomeGuru

Senior Member
pharmacy girl said:
What is the name of your state? California. Ok I got pregnant when I was 17 and had some trouble with my boyfriend, I got mad and broke up with him and didnt see him again. When I was 6 months pregnant I met this guy and when I was 8 months pregnant we got married. He signed the birth certificate and the declaration of paternity paper. That was in 1999. My son was born in July 1999 in the end of 2000 my husband started using drugs and getting violent with me so we split up for about 1 year I continued to try to keep him in my sons life. In August of 2001 I moved to another town alone and in October of 2001 I met up with my sons biological father and he met our son and we have pretty much lived with him ever since. He has supported our son, had medical for him. We have not seem my husband since August 2001 as far as I have heard he is still into drugs. I havent divorced him because I am afraid that I will make him mad and then he will do whatever he can to hurt me, so I leave it alone. What can I do to change the Birth certificate and my sons name. Do I have to let my husband know that I am doing this?

**A: the name on the birth certificate is your sons legal father. You need to go to court to change anything and be prepared for a mess.
 

bononos

Senior Member
Does bio-dad know of the child and know what you and hubby did?
Is he aware your hubby is on birth cert. and signed paternity?
 

CJane

Senior Member
bononos said:
Does bio-dad know of the child and know what you and hubby did?
Is he aware your hubby is on birth cert. and signed paternity?
If I'm deciphering the post properly, mom and kid are currently living with bio-dad and have been since 2001. The child is 6, and has had no contact with legal dad since he was 2.

I'm wondering why mom has waited 4 years to try and get this all ironed out, and why she's bothering NOW if it wasn't important 4 years ago.
 

jelly

Member
Good Luck!

Without getting into judging you for what you may/should have done.. which is none of anyones business..
You will need legal help. For one thing, there is a way to divorce the guys without him knowing, which is possible in most states. This may specially work for you because you dont know how to get a hold of him. What you do is file for divorce, explaining that he is in drugs, took off, havent heard from him, etc... Trust me, this is not TV, the court are not gonna spend $$$ in hunting him down. All they will do is serve him with court papoers at his LAST KNOWN ADDESS that YOU will provide. So if you know he is not at his last known address, there you go. Then, they will probably require you to run an ad for him to contact you on the paper that ciorculates in the county of his last known address. You pick the crapiest lowest circulation paper and ask for the smallest font. If he is busy doing drugs chances are he is not reading the paper. As part of the divorce procedings they may appoint a guardian ad litem to represent the interests of your child. You can explain to this person that your child does not even remember this dude, and that in fact, you have good reasons to think this old flame you are with now is his real dad. that its in the BEST INTEREST of your child to know if this is his real dad, and if at all possible, to sever any ties with the abusive junky whom he does not remember any way. They will order a paternity (dna) test, which you'll have to pay for, but it will be settled. This is entirely doable, I think, but you will have to work on it, probably as much if not more than the lawyer.. yes, you will need one. It will be worth it having the truth settled and being finally protected from any legal rights he might later claim.By the way, folks, most states dont consider it fraud if someone willingly and knowingly signs a birth certificate assuming paternity.. obviously one signs with the understanding that theres always a chance you are not the father. signing means you ASSUME paternity. It's nota mother's affidavit.
 

rmet4nzkx

Senior Member
ccrawford79 said:
I just wonder why she didnt just put "father unknown" and leave it blank. Unless thats not an option in CA
Because in CA the husband is automatically the legal father, even if the legal father terminates his paternal rights and the bio dad either adopts or establishes paternity, the original birth certificate is not changes, an amended certificate is issued.
 
jelly said:
You will need legal help.

For one thing, there is a way to divorce the guys without him knowing...

All they will do is serve him with court papoers at his LAST KNOWN ADDESS that YOU will provide...

You pick the crapiest lowest circulation paper and ask for the smallest font.

You can explain to (the GAL) that your child does not even remember this dude..

This is entirely doable, I think, but you will have to work on it, probably as much if not more than the lawyer.. yes, you will need one.


By the way, folks, most states dont consider it fraud if someone willingly and knowingly signs a birth certificate assuming paternity..
A question?
Is it legal to knowingly provide incorrect information with the intent to present it as truth?


The manner with which you encourage OP to consider a "possible in most states" secret divorce, to lie by omission, provide false information on court documents, and suggest embellishing the facts you to the court appointed representative is strangly reminiscent of what one might expect from a narcissisist and irrational "Sybyl".

Ami
 

CJane

Senior Member
SweetSunflower said:
A question?
Is it legal to knowingly provide incorrect information with the intent to present it as truth?
I wondered the same. Also, it was incorrect information anyway, as it's generally up to the county judge to decide if the 'running an ad in the newspaper' thing will be acceptable. I have a friend who's been legally married to someone for going on 3 years even though he hasn't seen her in 2 1/2 of those years, has no idea where she is, etc. The judge in this county will NOT allow him to divorce her until she can be physically served with papers.
 

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