Legal Question in Family Law in California

Re; birth certificate.

Can I get another man's name off of my child's birth certificate?She is 5 years old i had a paternity test taken and it is positive. The legal father signed the

declaration of paternity has never been in the childs life. I want very much to be a father to her, are the statutes up? Can i get him off? Or do I need to terminate his rights and adopt her?The mother is

willing to agree to my requests,what do you think I can do?


Asked on 3/02/02, 6:11 am

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Re; birth certificate.

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If there is a prior court finding that he is the father, your best approach is probably to terminate his parental rights and adopt. THis probably would have to be done in the state that made the order if either parent or the child still live there. Otherwise, the child's mother can probably file for paternity where ever she now resides.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 3/28/02, 3:53 pm
Rich Peters R. J. Peters & Assoc., P.C.

Re: Re; birth certificate.

I think that you can absolutely get your rights as the child's Father. How to do that depends upon what has occurred so far. If Mother has never sought any paternity ORDERS against the other guy, then you could proceed with a simple Paternity Matter. If she HAS sought orders against him, we may need to step in and set aside those orders when establishing your own orders. In either event, the birth certificate would be modified accordingly.

If you would like assistance, please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation.

I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 3/02/02, 10:51 am


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