Legal Question in Family Law in Washington

birth certificate issue

The father of my children is an alcoholic and an illegal immigrant with fake papers, can I remove him from the birth certificate so he has no legal standing on custody of our children?


Asked on 7/26/08, 4:45 pm

2 Answers from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: birth certificate issue

That would be nearly impossible to do. You would need to terminate the parental relationship. You will almost certainly need an attorney to put that together.

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Answered on 7/26/08, 5:46 pm
Amir John Showrai The Pacific Law Firm, PLLC

Re: birth certificate issue

The father's immigration status or his being an alcoholic do not constitute grounds to remove his name from the birth certificate. To remove his name from the birth certificate, you need to institute proceedings to terminate the father's parental rights. In the course of those proceedings, you will need someone else to step in and assume those rights, such as a step father.

If there is no one who will step in, then as a practical matter you can achieve the goal of what I think you want, which is that the father have zero contact with the child. To do this, you can ask the court to refuse any visitation or decision making rights on the basis that the father is an alcoholic (here the immigration status is also irrelevant unless you can demonstrate he's a flight risk when he has the child, such that he is likely to take the child to his home country).

Either way, get in touch with local counsel because this is definitely not one to be handled alone. Trust me, it will be hard enough for an attorney to handle and next to impossible for you.

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Answered on 7/27/08, 8:09 am


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