Q: Ex wants removal from birth certificate; biological father deceased.
I have a situation where my ex-partner, who willingly signed the birth certificate after acknowledging the child was not biologically his, now wants to be removed from it. The biological father is deceased, and my ex has been involved in the child's life. There are text messages indicating his acknowledgment that the child isn't his. How do I proceed with this situation legally?
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A:
When someone signs a birth certificate knowing they’re not the biological parent, they’re still legally presumed to be the parent unless a court says otherwise. Your ex may now want to be removed, but since he acknowledged the child and acted as a parent, the court will look at the best interest of the child—not just his wishes. In many cases, once a person voluntarily assumes parental responsibility, they can't easily back out, especially if the child has relied on them emotionally and financially.
Since the biological father is deceased, and your ex has had a role in your child’s life, the court might hesitate to sever that legal connection unless there’s a compelling reason. Text messages may show he knew the child wasn’t biologically his, but if he still stepped up and accepted legal responsibility, that evidence might not be enough. He would need to file a petition to disestablish paternity, and the judge would decide based on the law in your state and how this affects the child’s stability.
If you’re opposed to him being removed, make that known during the legal process. On the other hand, if you agree, you may still need to attend a hearing, since the court has to protect your child’s rights too. It’s a hard situation, but you’re not powerless—just focus on what outcome is best for your child emotionally and legally.
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