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[LA] How can a parent correct a child’s birth certificate when the presumed father won’t cooperate?

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So I haven't heard back from you in a while on this, which is no big deal! Without the information I asked for in my request, I can only give you this general answer:

Louisiana law presumes the husband is the legal father when a child is born during a marriage, which is why the state is asking for your ex-husband's involvement before issuing the birth certificate. (LA Civ Code Art. 185) When a husband will not cooperate, a parent can file a petition in family court to disavow paternity or ask the court to establish the correct paternity so the records can be corrected. (LA Civ Code Art. 187)

After the court issues an order, the Louisiana Vital Records office can create or amend the birth certificate, and that allows you to apply for your son's Social Security number. You can start this process through the family court in the parish where you live, and many Louisiana Legal Aid offices help parents file paternity or disavowal actions at low or no cost.

As a practical step right now, contact the clerk of court in your parish and ask about filing a disavowal or paternity action so the birth certificate and Social Security process can move forward before school registration.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

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I have an autistic son who turns 5 this year. He had Medicaid until he was 3. I live in Louisiana and was married at the time I gave birth. My ex-husband is not the father, but he will be listed on the birth certificate. My son doesn't have a Social Security number or birth certificate because my ex-husband won't help me take care of this. I need his signature. I keep telling him about it and he keeps dragging his feet. What can I do, where can I go, and what lawyer service should I go to?

Lexi

Lexi, Chatbot

I understand how challenging this situation must be for you and your son. Have you already attempted to reach out to your ex-husband through any formal channels, such as mediation or legal notices?

I have reached out through social media messaging to my ex-husband. I have tried reaching legal services around me, but everyone keeps telling me to call someone else.

Lexi

Lexi, Chatbot

Are there any specific deadlines or time constraints you are facing regarding obtaining your son's birth certificate and Social Security number?

I need his Social Security number to register him for school this year.

Lexi

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your son's Social Security number.

No.

Legal Eagle

Legal Eagle

Hello, I'm an attorney who works in your area of law and I'll help you sort this out today. I've read what you shared, so let's go over what's happening and what your best next steps look like. What steps, if any, has your ex-husband given as his reason for refusing to sign, and do you have any of his refusals documented in writing, even if only through messages?

Legal Eagle

Legal Eagle

So I haven't heard back from you in a while on this, which is no big deal! Without the information I asked for in my request, I can only give you this general answer:

Louisiana law presumes the husband is the legal father when a child is born during a marriage, which is why the state is asking for your ex-husband's involvement before issuing the birth certificate. (LA Civ Code Art. 185) When a husband will not cooperate, a parent can file a petition in family court to disavow paternity or ask the court to establish the correct paternity so the records can be corrected. (LA Civ Code Art. 187)

After the court issues an order, the Louisiana Vital Records office can create or amend the birth certificate, and that allows you to apply for your son's Social Security number. You can start this process through the family court in the parish where you live, and many Louisiana Legal Aid offices help parents file paternity or disavowal actions at low or no cost.

As a practical step right now, contact the clerk of court in your parish and ask about filing a disavowal or paternity action so the birth certificate and Social Security process can move forward before school registration.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Legal Eagle

Legal Eagle

134,901 satisfied customers

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