– Birth Certificates –
Attorney Eric Boles provides thorough and attentive services in legal matters concerning birth certificates.
The Eric Boles Law Firm in Tampa, Florida offers thorough, attentive service to ensure everything proceeds smoothly in legal matters concerning birth certificates. In the United States a birth certificate is a legal document proving birth and it is sometimes required for identification purposes, such as in passport applications and immigration. You could have lost your birth certificate or it can contain errors (such as spelling of names, date or place birth) or omissions. As an example your parent’s name does not appear correctly on the birth certificate since the middle name and last name are accidentally reversed. Or, you just want to change your name after your divorce.
If both parents agree to a correction a Petition to Correct Birth Certificate can be filed by us and the judge may approve the birth certificate correction without a hearing (not always the case). Complexities can arise when one parent refuses to give consent. A skilled family law attorney at the Eric Boles Law Firm will guide you through the process and provide legal options to help resolve problems.
Birth Certificates and Immigration
There are cases where a Father may need to prove they are the father of a U.S. born child, but for some reason their name is not on the original Birth Certificate.
This can be accomplished in one of two ways;
- Acknowledgement of Paternity and Application to Amend Birth Certificate: a. When both parents sign this Acknowledgment of Paternity they b. swear they are the natural parents of this child. After signing, either parent has the right to cancel the effect of the acknowledgment within 60 days unless there has been a court hearing regarding that parent and the child. If there is no court hearing within 60 days of when the acknowledgment is signed, paternity is legally established under the laws of Florida. Once the Acknowledgment of Paternity is signed by both parents, the name of the father is placed on the child’s birth certificate. Even if the Acknowledgment of Paternity is cancelled within 60 days, the birth certificate can only be changed and the father’s name removed by a court order. Contact this office if you wish to file a rescission. c. After paternity is legally established, paternity can only be challenged by proving in court that your signature on the Acknowledgment of Paternity was obtained through fraud, under duress, or that there was a material mistake in fact. The court will decide whether your name can be removed. Do not sign the Acknowledgment of Paternity if you are d. not certain you are the child’s father.
- Court order establishing Paternity, which will still require the Application to Amend Birth Certificate. Under Florida law, if both parents do not sign this Acknowledgment of Paternity, paternity may be established by the court. A paternity action may be filed by the mother, the natural father, the child and/or the state on behalf of the mother, the father, or the child. If a court action is filed, either parent may be ordered to pay costs, including the cost of genetic testing. All costs, including genetic tests, will be billed to the man found to be the legal father. If you want to file a court action to establish paternity and you need help, contact the local Department of Revenue Child Support Enforcement Office or a private attorney.
Contact a Florida Family Lawyer knowledgeable on Birth Certificates
The Eric Boles Law Firm in Tampa, Florida can help you to legally change an adult’s or child’s name, a birth certificate, or a spouse’s name following a divorce. We will also assist you to obtain the Order for Birth Certificate Correction issued by a judge.
For a free consultation with a Family Lawyer knowledgeable on birth certificates, contact the Eric Boles Law Firm by completing the contact form (click here) or do not hesitate to call (813) 933-7700.