Removing a father's name from my son's birth certificate

[wendy2629]

What is the name of your state (only U.S. law)? Pennsylvania


Here's my situation...not here to be insulted, just looking for some lead way!!!
My 15 year old son was born in wedlock and the man that I was married to at the time of his birth was presumed to be the biological father. I was two months pregnant when I got with my ex-husband in April of 1994 and i had my son in Oct. of 1994. My son is aware that my ex isn't his father, but listed on his birth certificate, not by choice of either party. How do I go about getting my ex to terminate his parental rights and can I then have my son's biological father's name added to the birth certificate? Any help would be greatly appreciated...we live in Adams County, Pennsylvania

 

[Isis1]

What is the name of your state (only U.S. law)? Pennsylvania


Here's my situation...not here to be insulted, just looking for some lead way!!!

oh good! me neither!

My 15 year old son was born in wedlock and the man that I was married to at the time of his birth was presumed to be the biological father.

okay. husband is legal father.

I was two months pregnant when I got with my ex-husband in April of 1994 and i had my son in Oct. of 1994.

okay. ex-husband is legal father. (per the law, any child born of the marriage is the legal father)

My son is aware that my ex isn't his father, but listed on his birth certificate, not by choice of either party.

that's cuz it's the law.

How do I go about getting my ex to terminate his parental rights and can I then have my son's biological father's name added to the birth certificate?

hmm..okay. son is 16. does legal dad have visitation? pay child support? does he WANT to terminate his rights?

does biological dad WANT to establish paternity?

Any help would be greatly appreciated...we live in Adams County, Pennsylvania

 

[wendy2629]

legal father does pay court ordered child support, but has no physical visitation to him for the last 10 years...legal father has fought me every time I went to seek legal help...until recently, now he's willing to sign off of his parental rights
bio dad is wanting to adopt, but not sure how to go about that...in order for him to adopt, do we have to be together? cuz there is a reason he's my ex boyfriend, but he is the bio father of my child.
legal father signed an acknowlegment of paternity so the court won't allow for a paternity test...

 

[Isis1]

legal father does pay court ordered child support, but has no physical visitation to him for the last 10 years...legal father has fought me every time I went to seek legal help...until recently, now he's willing to sign off of his parental rights
bio dad is wanting to adopt, but not sure how to go about that...in order for him to adopt, do we have to be together? cuz there is a reason he's my ex boyfriend, but he is the bio father of my child.
legal father signed an acknowlegment of paternity so the court won't allow for a paternity test...

then you really need an attorney. most states don't allow adoption unless you are married to the potential father. i've seen some RARE cases online but not in your state.

and some states won't allow disestablishment of paternity at this late date.

worse case scenario, in two years, when the child is an adult, then he can do an adult adoption with no barriers.

 

[wendy2629]

thank you for your help...i'll be calling around tomorrrow and try once again to get legal help

 

[wendy2629]

I seeked legal advice from an attorney and this is what I was told to do, since we all are in agreement, I need to get a Petition for Voluntary Termination of Parental Rights of the father listed on the birth certificate and then also need to get a Petition for Adoption for the bio dad to adopt, eventhough we aren't together. Now I just need help with the drafting of these documents...surfing the net again today to try and find these documents, any help on sites would greatly be appreciated

 

[TheGeekess]

Really. You found a lawyer to talk to before 6AM EDT on Sunday night/Monday morning.

 

[wendy2629]

I actually emailed an attorney on saturday and they emailed me back with steps to take to handle my situation. It's actually after 8 A.M. here. Below is what the email had in it, followed with steps that I already mentioned above.



"Thanks for contacting me through the Justica website". "I have actually
done this once before - and the only way to really do it is if
everyone is in agreement".

Dawn Marie Cutaia, Esquire

 

[LdiJ]

I seeked legal advice from an attorney and this is what I was told to do, since we all are in agreement, I need to get a Petition for Voluntary Termination of Parental Rights of the father listed on the birth certificate and then also need to get a Petition for Adoption for the bio dad to adopt, eventhough we aren't together. Now I just need help with the drafting of these documents...surfing the net again today to try and find these documents, any help on sites would greatly be appreciated

I am surprised that an adoption would need to take place. It would seem to me that if everyone was in agreement that it would be possible to disestablish the legal dad's paternity and establish the bio-dad's paternity.

You might want to talk to a few other attorneys...just to be certain.

 

[wendy2629]

I'm suprised that an adoption needs to be done as well. I have talked on the phone with BCSE and they told me that DR could disestablish paternity of father listed on BC and then establish paternity with bio father. After talking to DR, they said that it wasn't possible and that bio father has to file a Petition for Adoption of the child.

 

[Silverplum]

I actually emailed an attorney on saturday and they emailed me back with steps to take to handle my situation. It's actually after 8 A.M. here. Below is what the email had in it, followed with steps that I already mentioned above.

"Thanks for contacting me through the Justica website". "I have actually
done this once before - and the only way to really do it is if
everyone is in agreement".

Dawn Marie Cutaia, Esquire

I'm suprised that an adoption needs to be done as well. I have talked on the phone with BCSE and they told me that DR could disestablish paternity of father listed on BC and then establish paternity with bio father. After talking to DR, they said that it wasn't possible and that bio father has to file a Petition for Adoption of the child.

You obviously need an attorney. Maybe Ms. Cutaia, that weekend go-getter.

 

[Ohiogal]

I am surprised that an adoption would need to take place. It would seem to me that if everyone was in agreement that it would be possible to disestablish the legal dad's paternity and establish the bio-dad's paternity.

You might want to talk to a few other attorneys...just to be certain.

Legal dad can NOT dis-establish per the law. He admitted to paternity DURING THE DIVORCE. The child is now a teenager. Legal dad does NOT get let off the hook. Bio father could have established WAY BEFORE now. he didn't. Hence it is not in the best interest of the child to allow musical fathers to be played. its the law. This same situation was on here before -- exact same state. I would swear that this poster posted under another user name here. The law is quite clear. The time to protest the presumption is far gone. Adoption is the ONLY way of doing what OP wants.

 

[AHA]

I actually emailed an attorney on saturday and they emailed me back with steps to take to handle my situation. It's actually after 8 A.M. here. Below is what the email had in it, followed with steps that I already mentioned above.



"Thanks for contacting me through the Justica website". "I have actually
done this once before - and the only way to really do it is if
everyone is in agreement".

Dawn Marie Cutaia, Esquire

Wow, what an impressive record! I think I'd choose someone with a little bit more similar cases under the belt when it comes to this type of situation, but good luck to you.