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Removing a father from the birth certificate, please help

Los Angeles, CA |
Filed under: Birth certificate

My daughters father is in prison for child molestation and has already had his parental rights terminated by the courts. The courts have also changed her last name to mine, and put a restraining order in place where he can not attempt any contact with either of us. I just found out that in CA you are able to remove a father from the birth certificate depending on the reason. How would I go about doing this? I am not waiting to put anybody else on the birth certificate, thank you.

Attorney Answers 2

Posted

You have to have a court order. Get a family court date. Go to court and try to convince the judge. To have better luck you should hire an attorney. Take that court order to the vital records department where the birth certificate is housed in your local gov.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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Edna Carroll Straus

Edna Carroll Straus

Posted

The question states there IS an order!

Tai Christopher Bogan

Tai Christopher Bogan

Posted

I assume from the facts that the court order was to change the child's name not an order to remove the father from the birth certificate altogether. I think an additional order would be needed to remove the father. But I could be wrong. That is my opinion.

Asker

Posted

I have one court order that stated her last name be changed, plus a prior one stating his parental rights were terminated, which he agreed to.

Tai Christopher Bogan

Tai Christopher Bogan

Posted

My opinion is that you now need an order that something like "Good cause being found the fathers name (NAME OF FATHER) should be removed from child (NAME OF CHILD) birth certificate.

Asker

Posted

Can i file a normal order to show cause to get a court order to remove him from the birth certificate? Or are there different forms for that? I have looked every where on the internet and cant find which forms i need to file? Thanks in advance

Tai Christopher Bogan

Tai Christopher Bogan

Posted

I didnt suggest filing an order to show cause. I said the judge needs to sign an order. Different things. There is not form. You have to make it up. Above I made my suggestion on how the order should read. Attached to the order should be an affidavit where you make your declaration. You need to google "sample court order" and sample affidavit or sample declarations for court order. This is why people shouldnt do this pro per. I suggest you get an attorney from your area. Not trying to sound crass. It is too difficult a project for postings on avvo

Edna Carroll Straus

Edna Carroll Straus

Posted

The order to change the name already exists-- next the parent must do the change of birth cert, I posted the link. not to be critical BUT-- it really helps to read the questions closely.

Edna Carroll Straus

Edna Carroll Straus

Posted

The site I posted tells how to change the birth certificate. Nothing abut family Law is simple or straightforward although many wish it were. Was. Whatever. But the we site have TONS of info on what to do. The change on the birth certificate is fairly routine.

Edna Carroll Straus

Edna Carroll Straus

Posted

"Change of name process After you file the Petition for Change of Name, you will get a court date between 6 and 12 weeks away. If you and the child’s other parent filed the paperwork together, then all you have to do before the hearing is publish the Order to Show Cause for Change of Name in a newspaper (we give you the instructions in our how-to guide in below). If only 1 parent is filing, that parent has to let the other parent know about the Petition for Change of Name and the court date for the hearing on the petition. That other parent has the right to oppose the request to change your child’s name. If your child’s other parent does not agree to changing the child’s name, the judge will make a decision based on the best interest of your child. The judge will listen to everything you and your child’s other parent have to say, look at the facts of the situation, and decide what would be best for your child. If the court finds that it would be best for your child to change his or her name, then you will get a court decree changing the child’s name. If the court finds that it would NOT be best for your child to change his or her name, then the judge will deny your request. Once you have your court decree changing your child’s name, you can use it to change the legal name on his or her documentation, including passports and social security cards. You generally need a certified copy of the decree changing name in order to get government-issued identification changed. The court clerk can provide you with a certified copy. You will have to pay a small fee or qualify for a fee waiver."

Posted

You state you have an order already. See the link below for more details on how to change the birth certificate.

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Asker

Posted

That site is showing me how to go about changing the name. I have already changed the name.. With the order that i already have signed by the judge and her dad, terminated his parental rights, can i just amend the birth certificate that way? The same way I did with the name change? Thanks so much for the response

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