Q: Can I sue my ex for not putting my name on my son’s birth certificate?
We were not married. When we left the hospital, we had not agreed on a name for my son. When we finally did, she filled out the paperwork and sent it in. But she didn’t put my name on it. We have court order, and I am non custodial parent on those, but because of her drug use, I’m trying to get shared custody. She’s refusing to share any of his vital or medical records with me. I went to the state to get a copy of his birth certificate only to find she did not name me as the father. I’ve been paying support. I see him as often as possible. But this is making my custody battle difficult. Can I sue her for leaving my name off? Can I compel her to pay to change it?
A: If you have active litigation going on right now, your lawyer should be able to amend your pleadings to also request that the birth certificate be corrected to include your name.
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