Legal Question in Family Law in Tennessee

birth father's name not listed on birth certificate

How do we get my name on the birth certificate for my son. The mother put anothers man's name on the birth certificate. The child is now 10 and lives with us. The mother has not seen him on 4 years. The father on the certificate does not want the child anymore and gave us physical custody . What is the best way to go to make this legal?


Asked on 6/29/05, 5:22 pm

2 Answers from Attorneys

Marc Reisman Rosenblum & Reisman, P.C.

Re: birth father's name not listed on birth certificate

Talk to a local attorney about filing a petition to determine parentage.

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Answered on 6/30/05, 5:36 am
Autry Jones Jones & Landers, Attorneys At Law

Re: birth father's name not listed on birth certificate

If there's a father named on the birth certificate, that person signed a document admitting paternity, called a voluntary acknowlegment form. In the court's eyes he is the father. The court's don't like delegitimizing a child. Additionally, the child has grown up thinking, the person named on her birth certificate is the father.

To persuade a court to consider the possiblity exists that someone other than the person named on the birth certficate is the father wold take a petition to establish parentage. This would involve getting dad & mom into court and persuading the judge to order DNA testing. Most judges don't like doing that because: 1) The child is 10 years old; 2) There is no real basis for the relief other than the parents not in the childs life. The other way is have each of you submit to a private DNA test and then submit the results to the court in a petiton.

Both are difficult, but not impossible. I can help. 423 266-4855

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Answered on 6/30/05, 5:59 pm


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