QUESTION
My son was born in TX but we now stay in NY. The wrong man signed the AOP. I need to change that, but how?
Asked on Dec 10th, 2013 on Family Law - New York
More details to this question:
When my son was born I believed his father was the man I was dating at the time. When I had doubts I told him and we took a DNA test and I was right. My ex and I took a test and he was indeed the father. The test were bought out of a store and mailed in to be tested. My son is now 3 years old and because of a failed previous attempt to challenge the AOP- in which case the bio-father did not sign the papers- my son still bears the wrong name legally and knows himself as another. The bio-dad is now incarcerated in Texas. The other man stays in TX too. Myself, the "other" dude and the bio-dad are ALL in agreement to do what is need to be done to change the father on the birth certificate, as well as his full name (he's a JR.)What can I do to change this situation before my son goes to school and they call him a name he's never known? Please help and thanks in advance.
1 ANSWER
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There are two avenues normally available to the parent of a child- either an amendment to the birth certificate, or a change of name. Each follows a particular procedure. However, you would have to file a petition to amend the birth certificate in Texas, and this writer cannot advise as to those procedures. Alternatively, you could legally change your son's name, but that would require the written consent of the biological father and also the man listed as father on the birth certificate. You should consult with qualified counsel in NY to assist in this process.
Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer
www.upperwestsidelawyer.com
Answered on Dec 10th, 2013 at 3:27 PM