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How do I remove the other person's name off my child's birth certificate? I never put it on to begin with. Help

Fort Lauderdale, FL |
Filed under: Birth certificate

I recenty ordered and received my child's birth certificate and on it is the other parent's name, which I never agreed upon when she was born 10 yrs ago. I did however put the guy on child support and just now received afew payments. Did the court add his name to the birth certificate? how do I remove it? How do I close the child support now? My common law husband has supported her all her life.

Attorney Answers 3

Posted

You cannot remove the legal father's name from the birth certificate even if you don't want it there. If you are not receiving any public assistance and you have not received any public assistance, you MAY be able to waive child support on behalf of your child, but you'll have to speak with a local attorney in person about that. It is the child's right to receive support from both legal parents and there are very limited circumstances when a parent may waive that right on behalf of the child.

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Posted

Florida does not recognize common law marriages. However, if you actually married, you could petition the court for a step-parent adoption. Perhaps your ex would consent to it; or you could force it on him.

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Posted

I agree with Mr. Wallace that you will most likely need to proceed with a step parent adoption to get his name removed particularly after this length of time. He is also correct that Florida does not recognize common law marriages. I would advise speaking to an adoption attorney in your area as soon as possible. Best of luck to you.

This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.

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