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My 2 yr old Daughter

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lilvix88 | 12:20 Mon 20th Aug 2007 | Family Life
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My ex partner is on my daughters birth certificate but he is not her real dad and i want to no can i take his name of it without him doing a letter sayng why we put his name on the certificate, as he is saying that he is not gonna do a letter so i cant take his name of it and now im stuck on what to do
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I don't think there's anything you can do, certainly not without his consent. A birth certificate is a legal document, not something you change and ammend to suit yourself. Perhaps you will think twice next time you lie on a legal document, especially one as important to your child as a birth certificate.
I would try putting this Q in the Law section, if you haven't already :o)

I believe it can be done, but only with consent (otherwise there would be loads of people doing it!) can I ask why you want to take his name off the certificate, how old your daughter is and if she has contact with your ex? would this mean that there will be no fathers name on her certificate at all?
I do apologise. You have already mentioned your daughter's age!
All you can do, is ask him if he'll sign a document allowing your daughter to be adopted by your partner, assuming you have one. That way he gives up all legal entitlements to her.

But as far as the Birth Certificate is concerned, legally, he is, and always will be, her real father.

You are stuck, is he not consenting because he loves the girl or because he is being mean?

i don't understand. Why would you put his name down if he's not the father?
im guessing that they thought that they would be together forever?

Its a bit of a mess really but im sure it will be sorted with the passage of time.

Hows Boo?

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my ex went behind my back and did her birth certificate, i went in to the registra office and told them this and they said that they couldnt do anything. He stopped me from seeing my 2yr old for nearly 5mnths and all that time he never let me see her speak to her or anything, and he went mental when the courts said that i could have contact with her. He did this not because he cared about her but because i finished him, not saying that he loved me coz he always cheated on me. Now i have my little girl back im trying everything to sort stuff out my current partner has taken her in as his own and my little girl is happy coz she not getting dumped on people that she doesnt no
Were you married? he isn't allowed to register the child without the mother present if you aren't married to each other.
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no i wasnt married to him we wasnt even ingaged
In which case he has commited an offence. However you might have too, depending on what proof you have.

I would go and see a solicitor for advice.

now i really don't understand........

So your ex, who's not the dad (does the real dad have contact? or even want to?) stopped you, the mother, from having any form of contact with your own child for over 5 months?? How exactly?

I'm sorry, but a raging inferno couldn't stop me being with my child, did you try to do anything about this??

And now you're saying that you have another partner? So that's 3 partners in what? 3 years?

I hate to sound mean or a cow here but this whole post is bordering on surreal.
mmmmm, let's see now, so you lied on a legal document? that's an offence that any magistrate/judge will take a very very dim view of.
why didn't you go to the police, isnt this kidnapping? (no pun intented)

I would be smart here and enlist the help of the CSA (If it still exists) if he wants to pretend to be the father then he can also pay.
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i tried to do everything to see my daughter and yes i went to the police but the police said that because i was with him for 2 1/2 yrs and we was living with each other for more than 6 mnths we were classed as married and i didnt lie on the birth certificate he did it behind my back carnt you bloody read. No my daughter doesnt see her real dad and shes not going to for her own protection
If he has falsified the Birth Certificate, then I think that you could report him and have the Birth Certificate changed. Did he believe that he was her father at the time he registered her? Regardless, without being married he was not able to legally register her. I am surprised that they did not ask for the marriage certificate. I am pretty sure that they would. Are you absolutely sure that he did in fact register her?
I have just checked the website and presuming that the birth was registered in England, the father could register the birth on his own if :

a) he was married to the mother at the time of birth - he would be asked to provide details of the marriage - e.g. date etc. I presume they cross reference this with the marriage register.

b) in the circumstance where the parents are not married but the mother is not able to be present (presumably to allow for situations where the mother may be ill) he must supply a declaration form completed by the mother.

In order to register the birth, he must have falsified either of those details, presumably the latter, that is unless you did complete the form but are now regretting it.
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i didnt fill anything in i didnt even no he did it until he got home and he dropped it on my lap. If i did the certificate myself i wouldnt of put him on it and i would of put her in my last name and not his
You need to get legal advice, and quickly. You haven't done anything wrong with the birth certificate, and he has. Get it sorted out, for God's sake!!

I can still remember my Health Visitor coming round to see my first son at a few days old and asking whether we'd registered his birth. I said that my hub had done it that morning, and her reply was "Oh that's right, you're a respectable married couple aren't you?" as a joke. Joking aside though, he had to take our marriage certificate in with him, and there is NO WAY he could have done it without.

Something is not quite right here, and I hope for all your sakes you get it straightened out as soon as possible xx
Also, I don't believe the police are anywhere near correct saying you're classed as married just because you lived with someone for two and a half years. There's no paperwork covering that to take to the registrar!! If that IS what they told you, it sounds to me as though they fobbed you off. You weren't married to him...you didn't sign a declaration enabling him to register the birth....you're not at fault here!!

xx

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