QUESTION
How do I get my name on my son's birth certificate?
Asked on Aug 31st, 2012 on Child Custody - Alabama
More details to this question:
I have a 3-year-old son. I've had him since he was 2 months old. I wasn't there when he was born so my name isn't on the birth certificate. His mom will sign anything I need. Everybody tells me to get a lawyer. I can't afford that. It's no contest my child. Just need my name on the certificate.
21 ANSWERS
Leonard A. Kaanta
You need a lawyer.
Answered on Jun 13th, 2013 at 12:17 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You don't just need to be on the birth certificate, you need to have a custody order. You need to file for paternity and custody in Juvenile court.
Answered on Sep 07th, 2012 at 2:04 PM
Glen Edward Ashman
The reason everyone tells you that you need a lawyer is that you do. As a general rule, you will have to address child support, visitation, custody, a parenting plan and other issues in the required court case.
Answered on Sep 07th, 2012 at 2:04 PM
Barbara A. Fontaine
I do not know what state you live in, but you could ask at the family court. You may be able to do this through the State Health Department, Vital Records. You might call them and ask. You do not need a lawyer. You might need a DNA test .
Answered on Sep 07th, 2012 at 2:03 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You need to contact California Office of Vital Records M.S. 5103 P.O. Box 997410 Sacramento, CA 95899-7410 Telephone: (916) 445-2684 California Relay: 711/1-800-735-2929 http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/default.aspx To change or add the father to your child's birth certificate, you will have to complete one of the following forms: Acknowledgement of Paternity/Parentage: To add the father if he was not identified on the child's original birth certificate. This form must be signed by both parents (if either parent refuses to sign the Acknowledgement form, you will need to go to court using the adjudication process).
Answered on Sep 07th, 2012 at 2:03 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You need to file what is called a paternity case. It determines that you are the father and will award custody, child support and health insurance
Answered on Sep 07th, 2012 at 2:02 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Go on the California dept of health website there should be a form available.
Answered on Sep 07th, 2012 at 2:02 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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Texas response: Your name on the birth certificate has no legal significance, unless you were married to the child's mother at the time of the birth. What would give you legal rights at this point with regard to your child is a determination of parentage by a court. For this, you typically do need a lawyer, but you could make the filing on your own. The child's mother could also call the Attorney General's office and get this process going without initial cost to you, though they will look to someone as the non-custodial parent to pay child support.
Answered on Sep 07th, 2012 at 2:02 PM
You need to sign an affidavit of parentage: www.michigan.gov/documents/parentage_10872_7.pdf
Follow the directions on the back of the form to have your name added to the birth certificate.
Answered on Sep 07th, 2012 at 2:01 PM
I agree with the advice to get an attorney
Answered on Sep 07th, 2012 at 2:01 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Contact your local Child Support Enforcement Agency. In Ohio, tnhey are the people who will handle amending the birth certificate to include the father's name. There are legal consequences to this. I encourage you to speak with a family law attorney before you apply to amend.
Answered on Sep 07th, 2012 at 2:00 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Check with vital records in your state for the proper procedure.
Answered on Sep 07th, 2012 at 1:59 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Get an affidavit of parentage, sign it, have the mother sign it and list the child's name as you want it to be on the birth certificate.
Answered on Sep 07th, 2012 at 1:59 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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You need an attorney to establish paternity with a dna test.
Answered on Sep 07th, 2012 at 1:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need an order of affiliation from a court which will give you the rights and liabilities of a father, the birth certificate is a public record and generally will not be changed.
Answered on Sep 04th, 2012 at 1:05 PM
Theodora B. Fader
You can be placed on the birth certificate if you and mom execute and file an affidavit of parentage, If you would like to establish enforceable rights, you would need to file a custody action, even though you and mom are together. You should consult an attorney directly regarding your rights as dad.
Answered on Sep 04th, 2012 at 1:04 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Contact the Department of Vital Statistics to determine how to file an amended birth certificate adding your name as the birth father.
Answered on Sep 04th, 2012 at 1:04 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Since you don't say what state issued the birth certificate a detailed answer isn't possible. You need to contact the department of vital statistics that issued the birth certificate for information and procedures necessary to issue a new birth certificate listing you as the father. You need to be sure that this is correct because it will be nearly impossible to change later, even if you find out you are not the bio father. That is why you are being told to consult a lawyer.
Answered on Sep 04th, 2012 at 1:04 PM
Dennis P. Mikko
You may be able to do this by both you and the mother signing an Affidavit of Parentage and filing it with the proper state office. A better course would be start a paternity action where not only would paternity be established but also you and your co-parents rights to custody, child support and parenting time. Without a court order, either party could take the child and deny the other parenting time. While this may not be an issue today, it could become an issue tomorrow and now is the time to resolve these matters while both you and your co-parent are on good terms.
Answered on Sep 04th, 2012 at 1:03 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If she will consent, then you need to do a petition for legal name change. Then once a court order is obtained, simply go to the office of vital statistics to make that change.
Answered on Sep 04th, 2012 at 1:03 PM
Your name cannot be put on the birth certificate without you being adjudicated to be the legal father. You would need to file a Paternity Action with family court. During the case, DNA would be taken and once the results are returned, you would be adjudicated the legal father. Then with that order you could have the birth certificated changed. Typically this process is smoother with a lawyer since if you do it alone, DHR will be alerted and they will set child support payments. Then you will be responsible for making child support payments through DHR and they will prosecute you if you fail to keep up with your obligation.
Answered on Sep 04th, 2012 at 1:02 PM