Legal Question in Family Law in Missouri

My son was legally basterdized 4 years ago. The name on the birth certificate is the name of a man proved NOT to be the father. Can I have his name taken off? The courts did not give me documentation of the basterdidation and I no longer have the paternity test.


Asked on 7/13/10, 7:14 pm

1 Answer from Attorneys

Anthony Smith LawSmith

You may request a new birth certificate for your child. But the State may be hesitant to issue it is the father is unknown. You said the court decided that the man listed was not the father. If you wer emarired when teh chidl was born, your husband is assuemd to be the father until it is otherwise established. You did not indicate if that was your child's situation.

Even though you say you lost the paternity paperwork, the court most likely still has the paternity report in the case file, as well as the Order of nonpaternity. You may be able to obtain copies from the court clerk's office, and submit them along with yrou request for an amended birth certificate. You may save time and money if you know who the father is now, and bring your new paternity case at the same time.

Good luck

Good luck

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Answered on 7/23/10, 1:38 pm


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