QUESTION
After we get the paternity results, what is the next step and how do I correct their birth certificates?
Asked on Apr 05th, 2014 on Child Custody - Indiana
More details to this question:
I have twin boys and they are about 4 months old. The man on their birth certificates is not their biological father. We believed he was based on a time table, turns out the twins due date was off by 4 weeks. The man that is their biological father is getting tested through a lab that is accredited and the test is admissible in court. What forms do I file? The legal father and I also have a parenting plan, as we were separated and living in two different homes at the time of the birth. How do we change the parenting plan as well?
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Your husband needs to file a denial of paternity. His DNA test or his denial can be filed along with the bio father's DNA test. He will then lose rights and responsibilities to the child. Bio dad needs to file a parentage action and the court can then order child support for him, a parenting plan and a change in the birth certificate.
Answered on Apr 09th, 2014 at 11:38 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to go to court and petition for a determination of paternity, child support and custody. The guy who signed the birth certificate has no right to see the children unless you let him.
Answered on Apr 08th, 2014 at 12:10 PM
Mediation Attorney serving San Jose, CA
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Law Offices of Ernest A. Cardona, PC
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Remember this only applies to a California-based case. Much of this depends on whether or not there is already a court case involving the legal father. If no case, then the real father can file a case to establish paternity and exclude the non-father. It's also possible for him to do this in an existing case but it is not an easy process. In either case, it's important to make a move immediately, because the more time that passes, the less likely it is you and the real dad will be successful. Talk to an attorney where you live and he or she will tell you how to get started.
Answered on Apr 08th, 2014 at 9:21 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Engage an attorney, this is more complex than you think, but it is correctable.
Answered on Apr 08th, 2014 at 6:53 AM
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Your situation is a bit complicated to handle in a question and answer forum. You need to hire counsel to insure that everything works out properly.
Answered on Apr 08th, 2014 at 6:51 AM