Can you take the father's name off the birth certificate if the is not the father but is paying child support?
No, you cannot remove his name from the birth certificate without going to court to prove he is not the father. Legally, he is the father and will be responsible for paying child support until the matter is resolved. He can have a DNA test done. He should request one through the court so he can stop paying child support if the child isn't his. It sounds as though you have been playing a game with him and also with your child. You may also have lied on official documents claiming him to be the father. Be fair and have a DNA test taken so you know who the real father is and don't lead this man to believe he is the father when he is not. Your child deserves to know his/her real father.
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Answer . \nYes. If you file for child support, the father (if the two of you were not married when the child was born) will have to take a paternity test or sign a consent form agreeing that he is the father. I am not sure how other states work but that is correct for Florida. Believe me, I kn…ow, I am currently going through a custody/child support battle. ( Full Answer )
How do you adopt your wife's 13-year-old daughter if her father has never seen her and does not pay any child support and the only thing that connects her to him is his name on the birth certificate?
I'm in Michigan and the way that we handled that was by calling the "County Court" where we live. They hooked us up with the Family Courts. You have to be married (at least in our state) for one year and then there is an 'application' process. It took a few months to get completed as we had to "pet…ition the court" to terminate the parental rights of the bio father that had nothing to do with the child. All in all there were 3 court visits and only about $125 in fees. A fairly easy process. ( Full Answer )
Is it mandatory in the state of Mississippi for a child to have his or her father's last name if the parents are not married but the father is paying child support?
Iï¿½m assuming the last name is different because the father did not voluntarily acknowledge paternity? I assume this because in Mississippi, if you're unmarried but paternity is acknowledged (by both parents signing an acknowledgement of paternity form) then the fatherï¿½s name is listed on t…he birth certificate, and the child is given the fatherï¿½s last name--unless both the mother and father agree otherwise (and if they agree otherwise, then I believe an affidavit has to be filed in regard to that). You can file for child support even though the child does not have the fatherï¿½s last name. If Dad has not voluntarily acknowledged paternity, then paternity would have to first be established, and a DNA test would be ordered. Once paternity is established, the court will order that Dadï¿½s name be added to the birth certificate, and "In the event of court-determined paternity, the surname of the child shall be that of the father, unless the judgment specifies otherwise." (Per Mississippi Code 93-9-9) Iï¿½m originally from Mississippi, and in every single case that Iï¿½ve personally heard of involving court-determined paternity, the child's last name has been changed to that of the father's. But I will admit that the cases I know of involved very young children (so no situations of a child whoï¿½d had Momï¿½s last name for 10 years and then suddenly had that changed). I'm getting wordy, I know :) To answer your question--is it *mandatory* for the child to have the father's last name in order to receive child support? No. Is there a chance that the child's last name might be changed? Yes. ( Full Answer )
How can a father who pays child support and whose name is on the birth certificate change the child's last name to his if he and the child's mother were not married?
Answer - In most states, if the parents of a child are not married, then the mother is the sole "legal" parent of the child. Paying child support gives you no legal rights. Child support is not about anything other than helping to support a child whom you fathered. In my state, it does not even quar…antee that you will get visitation rights. So, if you wanted to change the child's name - you should have married the mother!! . That is the mother's choice and ultimate decision. ( Full Answer )
How can the father of a child be ordered to pay child support if his name is not on the birth certificate and his last name is unknown?
\n. \n Answer \n. \n. \nIf the couple are unmarried paternity must be established before a child support petition can be filed.\n. \nIf the father refuses to take a paternity test the court can order him to do so.\n. \nThe matter of not knowing his last name is indeed troubling and may be …reason enough for the court to deny any motion for testing or support.\n. \nContact the department of family and children's services or the state health and human services in the state of residency for assistance. ( Full Answer )
If the father does not sign the birth certificate because the baby does not keep his last name does he still have the responsibility to pay child support?
Yes he does. The mother can request a court-ordered paternity test. If the test is positive then the court will issue a child support order and the father can request a visitation order as well.
How do i go about adopting my girlfriend's child if the father's name is not on the birth certificate and he has not been taken for child support?
Answer . Answer The best advice I can offer you is to get a Lawyer who specializes in adoptions. While the fathers name isn't on any papers, who knows if he really wanted to take the child into his custody, by using DNA testing if he would be allowed. Better if you see that lawyer.
If the father and Mother never married but the father does pay child support and his name is on the birth certificate and she is refusing visitation what are his rights?
He can, and should, file a petition with the Court to grant him visitation. Regardless of paying child support, he has the right to see his child unless he is deemed to be a danger to the child (sex offender, drug charges, violent crimes etc). If he is low income - usually double the poverty rate, s…o under abount $20,000 a year - your state's legal aid services can help him file for free or a few hundred dollars, income dependent. Google legal aid for your state. If not low income, get an attorney and have him/her ask, in the petition for visitation, that the mother pay the attorney fees and court costs. This is a no brainer and visitation will be granted (unless the danger factor is present - in which case don't bother filing until you clean up you life.) ( Full Answer )
United Kingdom : Yes. But he is entitled to proof via a DNA test. If the PWC refuses DNA test then the application doesn't proceed. United States : Yes. The mother can request a paternity test through the family court. If he determined to be the father then she can obtain a child support order…. ( Full Answer )
The name on the birth certificate is not as important as actual parentage. a DNA test will supercede whatever's on the BC.. Therefore, if you're talking about the actual genetic father, Child Support can be invoked by the court.
If you put your baby's legal father's name on the birth certificate and he is paying child support what legal visitation rights does he have and who determines them the court of myself the mother?
Since you don't have a court order saying when he can visit the child, you can make the arrangements to suit yoursellf.
Yes, even if the fathers name is not on birth certificate she can go to the local Child Support Enforcement & open up a case against him. It helps if you know the SSN, last or current job & last or current place of residency. This will help them move faster in getting what is owed to your child. I…f you don't have all or some of the information it will take longer. Hope this helps. ( Full Answer )
If the mother does not put the fathers name on the birth certificate does he have to pay child support?
If you are looking for governmental support you have to provide the father's information and he will have to help support the child.
If the father does not sign the birth certificate but the baby keep his last name does he still have the responsibility to pay child support?
I believe as long as the baby has his last name he should have to but even if not you can order him to get a DNA test and prove it is his if that's the case.... But if there is no name on the certificate then i don't think anything can be done....also i don't thing you can give the baby his name if …he is not on there ( Full Answer )
If you sign birth certificate do you have to pay child support if later you are found to not be the father?
No. However, if the alleged father has signed the birth certificate, he is acknowledging that the child is his. There are steps to take in order to be taken off of the birth certificate and relieved of the obligation of child support, including a paternity test and an amendment to the birth certific…ate. ( Full Answer )
Yes..My husband has a court ordered child support and he is Not listed on the birth certificate of his Son.
Yes, because you can name your child anything you want. You will have to establish paternity (DNA test) to receive or file for any child support. My child has his dad's last name, but I am the only parent listed on the birth certificate.
If the fathers name is on the birth certificate does he have to pay child support if he and the mother aggree not to?
If the mother doesn't seek a child support order no one will make the father pay. However, keep in mind that the mother can always change her mind and get back child support in the future. If the child and/or mother are receiving any state assistance the father will be required to pay child support.… Fathers are responsible for supporting their children. If the mother doesn't need the child support then she should put it in the bank for the child's college education. ( Full Answer )
\nNo. You can not take the father's name off the birth certificate. The birth certificate is a legal document by an agency in the state of the baby's birth. If DNA evidence should prove that a different man fathered a particular child, a government agency would need to change the birth certificate.
Yes, plus the mother can wait up to 18 years to file for a retroactive child support order. ---- Single Fathers As a single man, you have NO ASSUMED RIGHTS to the child. Watch the movie trailer at the link below about a single father. áµ But, some recent material shows there's a poss…ible option that you could file for custody even before the child is born, in the state where the child was conceived. Get an order enter forcing a DNA test, unless one has already been done. DO NOT PAY ANY KIND OF SUPPORT FOR THE CHILD UNTIL A DNA TEST IS DONE, AS IT ACKNOWLEDGES YOUR FINANCIAL RESPONSIBILITY FOR THE CHILD. Once you begin paying child support, regardless of whether you are the father or not, you can be required to continue paying. If you are paying without a court order, it can be considered a gift, with you ordered to repay for the same time period, especially if she's on Welfare, up to 18 years worth. If one has not been done, go to the child support enforcement to setup a voluntary order. Wait for them to file against you will result in you paying all court costs of up to $5000.áµ á¶ Take a certified parenting course. The court is going to order you to take it anyway, so by showing you've taken it only looks good to them. Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand. Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You're that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state. Now, you can't just record, you also have to transcribe it into the daily journal.á¶ If you are being denied access, write her a letter notifying her of intent to exercise visitation on a specific date, like Saturday 10 AM to 6 PM. Sign it and make three copies. Mail the original Certified Mail and the other with Delivery Confirmation (75Â¢ + postage). If she rejects the one, she still receives the other. Whether the Certified Mail confirmation card or the Certified letter comes back, attach it unopened to a copy of the letter, plus a printout of the Delivery Confirmation from the web link below.áµ When you file for visitation rights, take these documents to the County Courthouse. Have the Clerk of the Court notarize it and than place it in your case file. Do this three times before considering going to court. When you do go to court, the judge will these letters while preparing for the hearing. When you show up to pick up the child(ren), bring witnesses. Do not enter her place alone. If you can record, have someone video record. Check the site below to see if it is illegal to record audio and/or video without the mother knowing. If her state does not have a law either way, than it defaults to the federal ruling, which says one person in a conversation, must know they are being recorded. THAT'S YOU! The court will order you into mediation, so take the lead first and suggest it to her. Instead of hiring attorneys, going to a mediator, you can hammer out an agreement. A mediator is an attorney or paralegal with certified training as a mediator. You each have to pay half the fees in order for the mediator to have the appearance of being unbiased. If you and the mother are civil, consider Bird Nest Custody. In this the child lives in one home and each parent live there for 3-4 weeks, than switch. You live with friends, family, rent a room, etc. on the off time. In this manner, your child's life is not disrupted. They are not being shifted back and forth. They keep their own room, friends, school, etc. It is hard on the parents, but than the child comes first. This is the form of custody rocker Ted Nugent had.áµ If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link to an educational manual that can teach you what you need to know. Take the time to learn what you can and should do.áµ ---- áµ Fathers Rights: The Movie áµ United States Post Office: Delivery Confirmation áµ Bird Nest Custody áµ Child Support Calculator á¶ Child Support Laws - At What Age Does Child Support Stop? áµ Dads House Ê° JURISDICTION OVER AN IN UTERO CHILD á¶ Can We Tape Other sites to check Fathers & Families Parental Alienation Syndrome ---- ( Full Answer )
If the father's name is listed on birth certificate does he still need paternity testing before ordered to pay child support?
No, it is up the individual to disprove paternity. You will have to pay until you prove you are not the father.. Answers. With the growing reports on Paternity Fraud in Child Support cases, a paternity test should be done on all births. A Paternity Testing Kit manufacturer is currently producing a… "TRUST, BUT CONFIRM" commercial specifically addressing this. ( Full Answer )
How can the fathers last name be removed from birth certificate Parents never married and father has moved to another state does not pay child support?
As a general rule modifications are not made to birth records. You can petition the court to allow a name change. However, even if a name change is allowed by the court it will not change the name on the birth certificate.
Not if he can prove he's not the father, before an order is in place. see related links
Do you have to pay child support if your name is not on the birth certificate and the child does not have your last name?
If you are proven to be the child's parent and the court orders you to pay child support, you have to pay it, whether or not your name is on the birth certificate or whether the child has your name. The answer is yes. The court can order you to submit to a paternity test. Once paternity has been …established you will be required to pay child support. ( Full Answer )
Though not strictly illegal at this point of time, it is Paternity Fraud and the laws will be changed.
you could request a DNA test if come positive the court will make him pay for sure
Yes, but if you're not married to her, you have no rights to the child. see link
A child is born and the guy who signs the birth certificate is not the biological father can the mother go after the real father twelve years later for him to take a blood test and pay child support?
Up to 18 years later. In a Michigan case, the newly divorced woman was granted 14 years retroactive against the bio dad who was age 12 she had sex with him. The statute of limitations on rape had run out. see link
How do you go about adopting your girlfriend's child if the father's name is not on the birth certificate and he has not been taken for child support and he does not want custody?
File an adoption petition and have the father testify to his wiliness to allow the adoption. But, do not be surprised to learn that he's actually been denied access to the child. Take the time to talk to him directly, and alone, before starting anything.
Ask the appropriate court for an order stating that you are not the father. . But, if you are already paying child support, this may not be possible.
If you are not the father after signning the birth certificate do you have to continue to pay child support?
Depends on the state. In 20 states, yes. In 28 state, yes if paying more than two years. Right now in New York, a man is paying child support to the mother whose now married to the bio dad. see link below.
Unless you sue the real father, and make him cover the child support. Otherwise, yes, if it is on there you are legally the father.
If the father's name is not listed on the birth certificate but the child has his last name what are the rights of the father?
A "father" is someone for whom paternity has been established. That done, the father would have the right to pay support and petition for visitation.
Do you have to pay child support if your not the biological father but your the father on birth certificate?
Yes, unless you have proved to the court that you are not biologically the father.
Can the father of a child be ordered to pay child support if another man's name is listed as father on the birth certificate?
Yes if, e.g., genetic testing establishes that someone other than the man who is listed on the birth certificate is the child's father. Also, in Illinois, the man who signed the birth certificate has 60 days to rescind his acknowledgment.
If a father is not on the birth certificate but pays child support does he have the right to see the child?
Payment of child support would not be a reason to decide custody. Custody and visitation is decided by a judge. The birth certificate is also not a deciding factor either way. You have left out issues such as paternity and whether the payment of child support is voluntary or court ordered and why. T…he judge may take all of those things into consideration. ( Full Answer )
The answer is complex depending on lots of variables such as where the child was born, how old the child is, if the parents were married, and on and on. Generally speaking, if you're in the US and the parents were not married, but the father signed a 'declaration of paternity' (allowing his name to …be placed on the birth certificate) there is generally a brief period of time (a matter of months) in which he can rescind that. Pretty much all other situations would require a court order. The court's decision regarding this will depend on many factors. ( Full Answer )
The only time you can take a father off of child support is if the mother agrees with it, but that rarely happens, so I'm going to have to say no, it's very rare, the closest you can get to not paying AT ALL, is reducing the pay .
What if your child's father has not legitimized the child and does not pay child support but is on the birth certificate can you get married and have your spouse adopt the child?
Your spouse may adopt the child but the court will have to serve notice of that proceeding to the biological father.
Do you have to pay child support if the child is not mine even though my name is on the birth certificate?
Yes, it's just like saying that's your child. If your name is on the birth certificate, it's very likely that you signed an acknowledgment of paternity.
If the mother and father are not married but the father's name is on the birth certificate can the father take off with the child?
NO. An unmarried mother has sole legal custody of her child in most jurisdictions. Unmarried fathers must establish their paternity legally and then petition the court for a custody or visitation order. Even after establishing paternity an unmarried father cannot just take the child. If he does, the… mother should call the police immediately. ( Full Answer )
Paternity must be established before an order for support is entered. This is done by: genetic testing; presumption, where the parties were married when the child was born/conceived; acknowledgment of paternity either in writing or in open court; default, where the alleged father fails to cooperate …in the process. ( Full Answer )
The father is not listed on the birth certificate but is paying court ordered child support in the state of Florida. Can you change the child's last name without the father's permission?
No. The court will ask for the father's name on the petition so that he can be notified. If the father is paying child support he will be sent notice of the name change petition. Even if the child doesn't have his name he can object to the proposed change of name and the court will consider his ob…jection before it renders a decision. No. The court will ask for the father's name on the petition so that he can be notified. If the father is paying child support he will be sent notice of the name change petition. Even if the child doesn't have his name he can object to the proposed change of name and the court will consider his objection before it renders a decision. No. The court will ask for the father's name on the petition so that he can be notified. If the father is paying child support he will be sent notice of the name change petition. Even if the child doesn't have his name he can object to the proposed change of name and the court will consider his objection before it renders a decision. No. The court will ask for the father's name on the petition so that he can be notified. If the father is paying child support he will be sent notice of the name change petition. Even if the child doesn't have his name he can object to the proposed change of name and the court will consider his objection before it renders a decision. ( Full Answer )
You will need to have specific reasons as to why. These reasons can be that the father is not the biological father of the child (with medical DNA proof), or possibly because the father has abandoned the child. A judge will almost always allow you to remove the father's name for biological reasons, …but not necessarily due to abandonment. ( Full Answer )
Yes and he still have to pay whether he signs the birth certificate or not.
You can't remove a father's name from a birth certificate if he is the father, whether he's an illegal alien or not.
Does a father who is unwed but on the birth certificate with no court documents still pay child support?
An unmarried father becomes legally obligated when a child support order is issued by the family court. If there is no court order any payments are voluntary. However, they should be made by check and the father should retain proof of the payments. Once the mother files a paternity suit and requests… child support, the court can go back in time with a child support order. It may help if the father can prove he was paying prior to the child support order. Typically, the mother or the local social/child services agency on her behalf (if the mother is receiving any public assistance) will go to court and get a judgment against the father to establish paternity and obtain a child support order. Being on the birth certificate may not be enough, though, if he decides to contest the order. He could request an order to establish paternity by DNA testing. You should consult with an attorney or an advocate at the family court. ( Full Answer )
Can the mother of a baby take the child out of a state if the father's name is not on the birth certificate?
A father does not have to be on the bc to have parental rights. To get his rights, if he was not married to the mother when the baby was born, he have to prove paternity in court and can then pay child support and get visitation or custody. So if he is paying child support or have visitation you nee…d his and the courts permission to move out of state. Just visiting out of state is fine if you can agree on the visitation schedule to work in case you will be gone on his days. He can then say no if the visitation is not working. ( Full Answer )
Can a man be required to pay child support if another man s name was written on the birth certificate and the child has that man s last name and was fathered by that man?
If he is the biological father, yes. That is what counts. If the mother\nand this man knew he was not the father they have both committed fraud\nby having him signing the birth certificate. The child have a right to\nknow who his parents are as well.
A deceased father's name is not removed from any birth certificate. The purpose of an official record of birth is to record the name of the child's biological parents. Every child's father dies at some point. Their names are not removed from the birth certificate for that reason.