Legal Question in Family Law in California

If my cancellation of declaration of paternity was approved, is it possible to remove fathers name from birth certificate? How likely will the judge grant this?


Asked on 6/05/12, 12:13 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I'm not sure what you mean by approved. "Either parent may rescind the voluntary declaration of paternity by filing a rescission form with the Department of Child Support Services within 60 days of the date of execution of the declaration by the attesting father or attesting mother, whichever signature is later, unless a court order for custody, visitation, or child support has been entered in an action in which the signatory seeking to rescind was a party." (Fam. Code, sect. 7573.)

After that a Declaration of Paternity may be challenged in court only in the first 2 years after the child�s birth by using blood and genetic tests that prove the man is not the biological father; OR by the father or mother proving that he or she signed the form because of fraud or because he or she was forced to sign it.

If you have already had the court order determining the listed man was not the father, then you will need to get the court to issue an order to amend the birth certificate. The California Department of Public Health has information on what you can amend and what you need to amend: http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/CorrectingorAmendingVitalRecords.aspx

Read more
Answered on 6/07/12, 3:40 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California