QLD Removing Non-Biological Father from Birth Certificate?

[Jessikah Tara]

My ex-partner is on my son's birth certificate, although he is not my son's biological father. Now he's threatening that he's going to take my son

Is there any way I can get him removed from the birth certificate, so he has no right to take my son?

 

[Brandon Taylor]

Why is he on the birth certificate if he is not the child's biological father to begin with?

 

[Jessikah Tara]

Why is he on the birth certificate if he is not the child's biological father to begin with?

Because I made a silly mistake when my son was born!

 

[Rod]

How old is your son?

Your chances range from maybe to nil. The older the child and the stronger the relationship with your ex the harder it will be.

 

[Jessikah Tara]

How old is your son?

Your chances range from maybe to nil. The older the child and the stronger the relationship with your ex the harder it will be.

What does that mean?
And my son is 5!

 

[Rod]

It means that if your ex is seen as a father figure to 'his' child then the harder it will be to remove him from the birth certificate. And it may end up being an independent children's lawyer to decide this, not you.

Suggest you go to court to resolve parenting issues. At 5 yrs old a change on the birth certificate is unlikely to achieve the result you are seeking.

 

[Jessikah Tara]

It means that if your ex is seen as a father figure to 'his' child then the harder it will be to remove him from the birth certificate. And it may end up being an independent children's lawyer to decide this, not you.

Okay, so you obviously have no idea what you're talking about!
He hasn't wanted anything to do with 'his son' for the past year, so he's not having anything to do with him now!
He's got no grounds to stand on!

Suggest you go to court to resolve parenting issues. At 5 yrs old a change on the birth certificate is unlikely to achieve the result you are seeking.

 

[sammy01]

So anyone who has a meaningful relationship with the child can make an application to court to be granted the opportunity to continue that relationship.

So whether or not the name is on the birth certificate really does not matter. The bloke is entitled to pursue time with the kid. That said, if the bloke agrees to have his name removed then it should be easy enough to do through Birth Deaths and Marriages.

Just so you're clear here... He has been the step dad for 5 years. So he does have a right to continue the relationship with the child. In fact I'm aware of one case I read where a step parent was granted primary care of a child. In that case both biological parents and the step parent were all disputing care and the courts gave step parent about 70% care....

 

[AllForHer]

Lordy.

Okay, so, even if you could somehow persuade the Court to remove your ex from the child's birth certificate, your ex will still have the freedom to seek parental responsibility and time with the child because he is a person concerned with the child's care, welfare and development (and that's the Court's decision, rather than subject to your opinion about how involved you think your ex has been). It's likely the Court would see him as the 'psychological father' of the child, since he's the only father figure the child has ever known.

So, can you get him removed from the birth certificate? Maybe. Will it achieve a total ousting of him from your son's life? If he takes it to Court, probably not.