Glenolden, PA asked in Family Law for Pennsylvania

Q: If my name is not on my son's birth certificate and I would like to put my name on it, then file for custody, how do I?

My name is not on my son's birth certificate but I would like to know how I could put my name on it, and find out more about filing for custody for him

Related Topics:
1 Lawyer Answer

A: See this info from the PA Vital Records Dept. You have to file an acknowledgment of paternity and will need the mother to consent. If the mother will not consent you can bring a paternity action. Either way, an order will be issued and vital records will then add your name to the child's birth certificate.

Custody is a separate issue. Are you seeking physical custody or just visitation? It will be cheaper if you are seeking visitation. To maximize your efforts, I suggest that you talk to a family law attorney who practices in the county where the custody action will be brought (this is where the child resides). Many counties have do-it-yourself forms. I would stop by the domestic relations section of the court and check out what is available in terms of child custody.

How to Add the Father’s Name to a Birth Certificate for a Child Born to an Unmarried Woman

As a result of Act 1997-58 that became effective January 1, 1998, a father cannot be listed on the birth record of a child born to an unmarried woman unless an Acknowledgment of Paternity has been filed with the Department of Public Welfare or there has been a court determination of paternity. If the parents wish to file an Acknowledgment of Paternity to list the father, it will be necessary to contact the Department of Public Welfare, Bureau of Child Support Enforcement at 800-932-0211, for forms and instructions. If both parents are unable to file an Acknowledgment of Paternity to list the father, a certified court order bearing the raised seal of the court and signature of the judge that establishes paternity, i.e. a Waiver of Trial, Support Order, or Custody Order should be obtained through their local Domestic Relations office.

7 users found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.