Legal Question in Family Law in New York
Not the baby daddy - I want to remove my name from birth certificate
Previously married and divorced in New York City. DNA testing proves that I was excluded as the child's father. Want to have you last name removed from the child's birth certificate.
Remarried with two children and looking to prepare will and financial accounts. Was told the child not mine would be entitled to my social security benefits and other estates since child has my last name.
How do I have the child's name changed from mine. Do I have to gi back to NY to file the petition or can it be done in my state of residence?
Please advise.
1 Answer from Attorneys
Re: Not the baby daddy - I want to remove my name from birth certificate
If the DNA testing was done per a Court Order & Paternity Petition, in NY, the Judgment dismissing the Petition after the "not the father" results of the DNA test, should also have included an order to remove your name from the child's certificate, as the father. This Judgment or Order could then be submitted to the NYS Dept of Health to change the Birth Certificate.
If there is no such Jdgmt, you may be able to change the name through some administrative process with your proof and evidence of the testing;.....Or you will have to Open your old family court case....or start a new one in order to get a court order to have your name removed as the father.
If you have the necessary docs & info you may be able to handle this matter by mail correspondence; but NY is the only state that has info or jurisdiction over this matter.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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