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DNA proves alleged father is not the father. How do I take the alleged father's name off the certif.

Discussion in 'Paternity Law & DNA Tests' started by AMSUNSET, Mar 27, 2016.

  1. AMSUNSET

    AMSUNSET Law Topic Starter New Member

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    Jurisdiction:
    Florida
    I'm from Miami Florida. My question is "the alleged father's name is on the birth certificate, through DNA testing it was proven he was not the father". Why can't I have his name removed from my child's birth certificate by law.
     
  2. KatDini

    KatDini Well-Known Member

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    Was the DNA test court-ordered?
     
  3. AMSUNSET

    AMSUNSET Law Topic Starter New Member

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    Court order test. Acknowledged this and still won't take the name off the birth certificate. Any case law from Florida so I can take the name off.
     
  4. AMSUNSET

    AMSUNSET Law Topic Starter New Member

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    The alleged father agreed to take his name off then caged his mind....while the state wants to take my rights from my child this man who was proven through court oder ed DNA testing (which proved to the court he was not the father)even chance to keep his name on the birth certificate.
     
  5. AMSUNSET

    AMSUNSET Law Topic Starter New Member

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    This man is prevent my cild from Ben adopted by my cousin and a chance at a better life.this man is in jail right now and has nothing positive to offer this child who is not his.
     
  6. KatDini

    KatDini Well-Known Member

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    I think you need an attorney in Florida to help you straighten this out.
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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    Do you know who is actual Father? Have you gotten a test to confirm this?
     
  8. army judge

    army judge Super Moderator

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    Hello, AMSUNSET:

    Let's start with some basics of FL law and amending/correcting birth certificates.

    Only certain minor corrections are allowed by the FL Dept. of Health. Other complicated matters require one to go to court.

    Okay, a few hypotheticals for discussion purposes.

    Let's say Tammy and Timmy were married at the time of their child's birth.

    Tammy and Timmy had been married for five years when little Tabby was born.

    Tammy was having intercourse with Teddy for the last year, while her husband Timmy was deployed as a Marine for the last 18 months without once returning home.

    Under FL law, this change can be made by the DoH.

    A father's name may be added to his child's birth record only in the case where the mother was unmarried at the time of the child's birth and no father is listed on the birth record.

    Were you married at the time of your child's birth, AMSUNSET?
    If the man in prison was your legally wedded husband when the baby was born, AMSUNSET, he's the PUTATIVE FATHER no matter what.

    To have his name removed, the baby's biological father must go to court to establish his paternity, and to seek a court order correcting the birth certificate to reflect the true father.

    AMSUNSET, if you were unmarried when your baby was born and the man in prison signed an acknowledgment of paternity, later establishing his paternity before a court, it's off to court you must go in an attempt to disestablish his said paternity. That matter, however, is unlikely to be heard while the father is incarcerated and unwilling to have his paternity reversed.

    After paternity is legally established, paternity can only be challenged by proving in court that your signature on the ACKNOWLEDGMENT OF PATERNITY was obtained through fraud, under duress, or that there was a material mistake in fact.

    ONLY a court can decide whether a name can be removed or replaced on a birth certificate. ONLY a court can issue an order directing the FL Department of Health the effect such a change.

    In these complicated cases, there's nothing the FL Department of Health can do to effect this change.
     
  9. ElleMD

    ElleMD Well-Known Member

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    Why was his name on the birth certificate if he was not the father? Do you know who is? Even if you wanted to let your cousin adopt the child, that guy would need to consent. How old is this child? Not sharing DNA is only part of the story. Lots of legal fathers do not share DNA with their children due to adopting, reproductive technology, etc.
     

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