My ex-fiancé left me for another man while 4 months pregnant with my daughter. She allowed him to sign the birth certificate wven though we knew for fact the baby was mine. Now I have been reunited with my daughter 10 years later and I want to take his name off of it and sign it myself. I have dna testing to prove I'm her father and I want my rights and full custody of her. Her mother is nowhere to be found, she has abandoned her and her other 3 children. The man who signed now has full custody of my daughter and I want to strip him of said custody. He is an abusive alcoholic and I don't want my daughter to have to live with him any more. She was stolen from me through no fault of my own, her mother is a pathelogical liar and made up stories about me to get him to sign. My daughter wants to be with me and not him so I'm wondering what recourse I have to take her from him. Even his biological children have said they wish I was their daddy and not him due to his drinking and paying no attention to them. Please help me to learn what steps I need to take to gain legal custody of my daughter, and to help remove him from the lives of the other kids as well.
Off hand, I would say that you need to file some form of paternity action, either a filiation suit or perhaps a declaratory action. Best bet: consult in person or by phone with an experienced lawyer to learn your rights.
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