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Remove father from birth certificate

(23 Posts)
1fedupmama Thu 09-Nov-17 21:36:25

DS1's father hasn't seen him for over 3years he has now messeged me asking to be removed from my sons birth certificate & give up all parental rights..,.. the main reason seems to be he doesn't want to pay maintenance anymore.
Solicitors are now involved but just wanted to know if anyone else has been in a similar situation & how it all ended.....?
Looking to see if I'm in this for the long haul of if it can be resolved quickly?

HopeAndJoy16 Thu 09-Nov-17 21:48:27

www.citizensadvice.org.uk/scotland/family/birth-certificates-and-changing-your-name-s/birth-certificates-s/ (sorry ugly link)
"The father's name cannot be removed from a child's birth entry if he is the biological father of the child. A father's name can only be removed from a child's birth entry if it has been established in court that he is not the biological father of the child."
Not been in this situation but hope it all gets sorted quickly for you and your son

1fedupmama Thu 09-Nov-17 21:52:08

I didn't think he could be removed my solicitor has never dealt with this before so hasn't been able to give me any advice until she does more research.

bathghter Thu 09-Nov-17 21:56:06

wow what a tosser. he’s shit out of luck though.

Makesmilingyourbesthobby Thu 09-Nov-17 21:56:52

Fathers name cannot be removed from BC if he is the biological father, all he can do is give up his parental rights to the child, meaning no financial responsibility & no control over child's edcation, going abroad & such, this needs to go to court & get put before a judge to make the decision, very rarely they terminate a parents rights even if all parties agree to it & even if father hasn't been apart of child's life for years basically no judge rules in favour of taking parental rights away it just dosent happen unless there are extreme circumstances & I mean extreme, its a law that was introduced for adoption purposes not for any old willy nilly who decides they don't want to have parental responsibility anymore

Iusedtobeawerewolf Thu 09-Nov-17 21:58:48

He still has to pay maintenance whether he is on the birth certificate or not so even if he was able to give up PR and get his name removed he would still legally have to pay.

RandomMess Thu 09-Nov-17 22:00:07

I would just reply “good luck with taking that to court, let me know the outcome”

Don’t waste your time or money doing anything about it! Hope you are receiving maintenance in the meantime...

Makesmilingyourbesthobby Thu 09-Nov-17 22:01:23

Even when a adoption occurs the original BC doesn't get destroyed or changed, adopted children have to use BC & adoption papers for things like passprt, driving licence, even if he isn't the biological father they remove it but original BC will always exist on system, even if you change child's name the original BC needs to be used with papers of the name changed

TitaniasCloset Thu 09-Nov-17 22:31:04

What a total prat. So many useless men out there. It’s scary.

Ttbb Thu 09-Nov-17 22:40:13

You may want to find a different solicitor. This isn't complicated. If she has no idea even at such an early stage she either has little experience or is just stupid.

1fedupmama Fri 10-Nov-17 13:42:56

She said she's heard about people being added etc but would have to look into removal cause she's never done anything like that.
Nope he's cancelled his direct debits for maintenance etc, he really just seems money orientated, just worried bout saving a few bob.

RandomMess Fri 10-Nov-17 15:47:33

Ah well go to CMS to get maintenance started via them and sit back and let him jump through the legal loopholes to try and get himself removed!

Pacificly Fri 10-Nov-17 16:15:06

I didn't think a biological father could get his name removed from BC unless as pp stated he was proven to not be the biological father.
And he still should be paying maintenance until he brings his 'case' to court.
My ex has to pay CS even though he is not on BC!
I'd be instructing a solicitor/cms to reinstate cs immediately and tell your ex he'll have to wait until his frankly disgraceful request is either finalised or denied

Starlight2345 Fri 10-Nov-17 17:37:19

Why are you spending your time and money sorting this . Apply to the cms. If he doesn’t want to be involved though you can’t do anything about it . He is financially liable for his child

blueskyinmarch Fri 10-Nov-17 17:41:42

Surely you don't need to do anything at all? Just let him get on with it. i am pretty sure he wont succeed. Make sure CMS are aware that he has stopped paying and let them deal with it?

niceupthedance Sat 11-Nov-17 09:56:27

Wow what a great guy. He'll still have to pay so tough shit for him.

1fedupmama Sun 12-Nov-17 17:49:45

Maintenance was dealt with by CMS but he cancelled all direct debits, I keep getting letters saying 'payment not received' it's an absolute joke.
DS1 is 5 & he hasn't seen him in atleast 3 years & even before that he wasn't reliable. DS2s dad has been involved since DS1 was 3months old & now both children call him dad.... when I told him about this he asked if he could officially adopt DS1 since he sees him as his own anyway. It doesn't bother me either way what this waste of space decides to do cause I know that no matter what my son has a loving father figure & a family that adore him, it all just caught me off guard, my heart broke thinking 'how could he' i always had it in my head that one day he would man up & could have a relationship with his son,... but now it's final, he doesn't want to know atall.....

ScrabbleFiend Sun 12-Nov-17 17:59:20

Ask CMS to go to direct pay or whatever it's called now (basically they can take it direct from his employer), they should be willing to do this due to non payment. It has the added bonus that they will charge him an extra 20% on top of maintenance, although they'll also take 4% from the maintenance paid to you. And yes as pp said even if his name wasn't on the birth certificate and he didn't have PR he is still legally obliged to pay. What an arse, and a stupid one at that.

Phillipa12 Mon 13-Nov-17 06:05:10

Untill your clearly lovely dh legally adopts your ds1, his biological father must continue with child maintenance payments. I would go straight to direct pay and inform your solicitor of your dhs wishes so a letter can be drafted stating these facts to your ex.

Leilaniii Mon 13-Nov-17 06:35:37

If the OP's new partner adopts DS1, does that mean that the biological father does not have to pay maintenance anymore?

Cupoteap Mon 13-Nov-17 06:47:02

I would focus on the man who does want to be his father

ReinettePompadour Mon 13-Nov-17 07:01:48

If the OP's new partner adopts DS1, does that mean that the biological father does not have to pay maintenance anymore?

Yes if the new partner legally adopts the child then all financial responsibility is revoked from the natural father.

Darthvadersmuuuum Mon 13-Nov-17 07:05:01

I believe that the only way he can give up PR is if a step parent wanted to privately adopt your DS.

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