Legal Question in Family Law in California

Child not mine, how do I have the birth cert. changed?

My ex wife has my name on the birth certificate for her youngest son. Through paternity testing it was determined that I am not the father (99.9% sure). She has the real father paying child support. I do not want my name on the birth certificate. She will not change it. What legal rights do I have, if any?

Also I have full legal physical custody of our two youngest sons, and want to have their last names changed to mine. Can she fight me on this, as she still has joint legal custody?

Thank you!


Asked on 10/24/01, 1:11 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Child not mine, how do I have the birth cert. changed?

Unusual question. I suppose you could file an action in fam court for declaratory relief, seeking a judgment of non-paternity and a change on the birth certificate.

That would also prevent any inheritance and/or Social Security rights for the child.

As to the name changes, you can file a motion with the superior court for change of minor's surname. I suspect you will prevail, on both counts.

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Answered on 11/22/01, 3:06 pm


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