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Halloween BL TV program is brought to you by O'Flaherty law please enjoy welcome to learn about law my name's Kevin O'Flaherty from a flirty law, and today we're going to explain how to add the father to a child's birth certificate when the mother objects this is based on a reader question the reader said my stepdaughter is five and her father's name is not on the birth certificate paternity is established, but the mother is just refusing to allow her name on the birth certificate how can he get his name added to the birth certificate over the mother's objection, so this is a two-step process the first step is to establish paternity with which the reader is done the second step is to file some documents with the Illinois Department of Public Health that that birth certificate updated so the mother's objection comes into play in that first step once paternity is established the mother doesn't have any say and whether the father gets added at the birth certificate but the father first has to establish paternity and this is done by filing a petition to establish paternity with the appropriate court when the father does this a hearing will be scheduled and there might be a court date before the hearing but at the hearing each parent will provide evidence as to why they believe the father is or is not the father depending on their position the most common evidence that is submitted is DNA testing so if the DNA test is conclusive it's pretty hard to go against that, but it's not the only evidence that's accepted there is other evidence that can be submitted to counteract the DNA test and the court will look at all the evidence and decide whether the father has proven that he is in fact the biological father if this paternity is established what happens now is the father is going to be on the hook for child support but isn't going to have any automatic rights to access to the child or parenting time and responsibilities that is established through a later proceeding, but the establishment of paternity is the first step towards that and that's kind of the access to even engage in the second parenting time proceeding and there will be a separate hearing on what's appropriate parenting time what's in the best interest of the child but even if parenting time isn't established once that order of these entered the father now has the right to be added to the child's birth certificate whether the mother objects or not, and he can do this by sending a certified copy of the paternity order along with an affidavit and certificate of correction request form to the Illinois Department of Public Health and there are instructions online about how to do that it's not terribly complicated but if you send everything in appropriately along with a nominal filing fee the birth certificate will be updated and the mother doesn't really have a say in it where the mother has to say is the initial hearing establishing paternity so once paternity is established the mother...
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