Q: Can I get my ex boyfriend, who is not the biological father, removed from the birth certificate?
My son is 19 months old. Long story short my ex boyfriend (we shall call him A) of a year signed the birth certificate, but we split up 6 months ago and since then he hasn’t called or checked in on my son. The biological father (We will call him C) is, and always has been, in my sons life. We were together 14 years and have 2 other children together. I got pregnant and after “C” and I split up. I was briefly with “A” before finding out. My son knows his biological father “C”, he doesn’t know my ex “A” as his “dada”. My ex “A” signing the birth certificate was a mistake and was done when I was under emotional duress and he stated he was signing the certificate regardless. “A” is now trying to sue me for custody. I want him off the birth certificate and for my sons biological father to be added. Can this be done?
A: Yes your attorney can file a Petition to Disavow your ex and at the same time the biological father can file a Petition for Filiation.
A: Yes, I would recommend that the biological father file suit to be recognized as the child's father. You can also sue to disavow paternity. I would recommend that you both speak with attorneys (you will need separate ones) to discuss how best to proceed.
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