QUESTION
How can I remove my ex-husband off my daughter’s birth certificate if she has passed away?
Asked on Dec 25th, 2016 on Child Custody - California
More details to this question:
My ex-husband married me knowing I was pregnant by someone who I don't know, and don't know where or who the dad is. A year later, he molested my children and is now incarcerated. I now know he married me just to gain my trust enough to molest my children. Since then, my daughter passed away, "our daughter". But I cannot have peace of mind. I want him off of her birth certificate. I want him out of our lives forever. I want his name off my baby's birth certificate. It's been half a year since she passed away.
1 ANSWER
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The relief you ask for it not simple since after the passage of time, there is no authority for the court to order genetic tests and your ex husband is presumed to be the legal father even if he is not the biological father. Your best option is to file a Petition to establish non-paternity and if it is not opposes (or if the ex husband cooperates), you may get a Judge to sign a Judgment that your ex husband is not the father and that the birth certificate can be amended.
Answered on Feb 21st, 2017 at 6:04 PM