Asked in Family Law for Georgia

Q: I need to know how to have my ex-husbands name removed from my daughters birth certificate and have the bio father added

My ex-husband and I separated for roughly 2 years and at that time I dated another man. I got pregnant by the man I was dating and he ended the relationship. My ex-husband and I decided to try to work things out and got back together when I was around 6 months pregnant. My ex-husband signed the birth certificate when my daughter was born, thinking that was the right thing to at that moment in our lives. We have been separated 7 years now and have diligently searched for my daughters biological father which I was able to locate in December of last year and requested a DNA test through DCSS. The test results came back that he was the father but DCSS closed my case because my ex-husbands name was listed on the birth certificate. I was informed by DCSS that I needed to have my ex-husbands name removed from my daughters birth certificate and the biological father added before proceeding with filing child support again. What petition needs to be filed in the courts to have this done?

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1 Lawyer Answer
Regina Irene Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Your husband is the legal father of the child and would have to consent to him being removed as the father.

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