old birth certificate

[roch]

My significant other has a child with another woman.  Last year they both signed an affidavit and had his name legally added to the birth certificate and his last name added to his child's name.  We received a new, updated birth certificate at that time.  

This year for school, the mother registered the child using the old birth certificate.  Currently at school the child is not using her legal name and the father is listed as unknown.  

Is there any way that we can force the mother turn over the old birth certificate so she can not falsely use it again?  Do we have any course of action?

[Kitty C.]

Is there any kind of court order designating custody and what kind?  Because if he doesn't have joint legal, he doesn't have a leg to stand on regarding what the mother is doing.

BUT, schools are required by law to use legal names and whether or not he has joint legal, he needs to inform the school that they have incorrect information.  But the only thing they could change right now (w/o father having joint legal) is the name.   To get the father listed, he needs to have joint legal or at least proof of paternity.

As for going after the mother, he needs joint legal in order to have a say-so in the child's schooling.

[roch]

He went to the school with the correct certificate.  Since he is listed as the father on the new birth certificate he will be added to the school information.

I want to know if there is anyway that we can go after the mother for using an invalid birth certificate.  She registered the child under a name that is not legally the child's.  The child had previously had just the mother's maiden name, now she has both the mother's and father's last names.  (The mother said she wants to continue using just her maiden name that way everyone will know that it is her child.  Yeah, my question, so how will they know it is his?  And why would you push to have it changed if you weren't going to use it? - sorry had to vent).  

Also, we are afraid that she will continue to use the old birth certificate for doctors or even to register the child for a passport and since no father is listed he wouldn't even been notified.  She has prescriptions filled under the old name, is that fraud somehow?

There is a court order, sole custody to the maternal grandmother.  The father agreed to it with the understanding that he could see his child whenever he wanted.  Both the father and the grandmother just wanted to get the mother away as she was heavily into drugs at the time.

The father was young (19) and stupid and they took advantage of it.  He wasn't even given visitation rights, no mention of him at all in the hearing other than to change his CS payments from mother to grandmother.

The mother has since cleaned up her act and we were told that from now on we are to deal with the mother not the grandmother (they live together now even though the mother was ordered only supervised visitation until drug rehabilitation, which she never completed)

As for seeing the child whenever he wants... he does have regular access to the child, but he just asked for another day a week and was told by the mother that she is annoyed he keeps asking for more time.   (currently he gets her 100 days/year - no holidays except afternoon Christmas day after she's already tired)  And he dosen't have a say so in doctor or school but I don't understand how the mother can either since she lost custody too.

[Kitty C.]

You don't have much choice but to ask for a modification.  Now, in order to request a modification, a 'significant change of circumstance' needs to be established, and I think you meet that with the mother being so involved now, when she's NOT supposed to be.  In fact, with CO'd supervised visitation, there's a possibility that you could take BOTH BM and MGM to court for contempt, BM for not completing court-ordered rehab. and MGM for allowing BM unsupervised visitation against CO.

As for nailing the mother for use of the wrong cert., I don't think there's much you can do, unless an atty. says otherwise.  BUT, if you have any concerns of her being a flight risk (leaving the country), I've heard that you can put an alert on your child's name in regards to her applying for a passport.  I do know that BOTH parents' signatures are required for a child's passport.

She could very well be using the old name with doctors and such, but you can do the same with them as you did the school, give them the new info.  Frankly, I'm surprised that the school agreed to add him to the school info.  They don't usually do that unless you show proof of joint legal.

Who's insurance is the child under, yours, hers, or the state?  You will need to contact them to give them the new name as well.  Then if a doc fails to adhere to the new name, the ins. provider could very well refuse payment until it's corrected.  Be careful with this area, tho.  The new HIPAA laws make it harder for NCP's to get access to their children's medical records or even talking to a provider about it.

You need to modify, get joint legal, get BM to comply with the past CO, and get MGM to adhere to the CO as well.  I also recommend either the Parenting Time Tracker (free) offered on this site or Optimal at parentingtime.net ($) so that you can document all your time with the child.  Remember that it's not enough that you know what the truth is, you must PROVE it in court.