Birth Certificate

questions & answers

Question: I have two children with my ex we were never married he is actually still married to another woman. He signed the acknowledgment of paternity for my youngest daughter who is now 3 years old. I was wondering how I can take him off the birth certificate because he has not supported the kids since they were born no doctors appointment nothing I can not get legal documents like passports with out his signatures is there anything I can do to take his name off. He has been very violent and hit me several times and I have emails of him saying dangous things.

Answer: Your question is difficult to answer because there are a lot of moving parts and pieces of the puzzle are missing from your question.  Is your ex on the birth certificate for your oldest child as well?  Do you have a court order granting you sole legal decision-making (custody) and ordering him to pay child support?  If not, you can get one which will put you in a stronger position to eliminate him from your life.  You seem to be asking more about how to terminate his parental rights than about changing a name on a birth certificate. So long as he is legally the children's father, he will have parenting rights, including the right to object to changing the kids' last names.  Have you asked him if he would be willing to relinquish his parental rights? This is a very complex problem, and you need to sit down with a lawyer and go over all your paperwork and all your facts.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625. You can also go elsewhere on this website to see if you qualify for free legal help.

QUESTIONS

  • I have two children with my ex we were never married he is actually still married to another woman. He signed the acknowledgment of paternity for my youngest daughter who is now 3 years old. I was wondering how I can take him off the birth certificate because he has not supported the kids since they were born no doctors appointment nothing I can not get legal documents like passports with out his signatures is there anything I can do to take his name off. He has been very violent and hit me several times and I have emails of him saying dangous things.

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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    Referral number 520-623-4625
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