Paternity and Divorce in Texas

brleigh85 · #1 08-26-2008, 09:03 PM

My question involves paternity law for the State of: Texas
I am 23 years old and dated my highschool sweetheart or several years while she was in college and i was in the marines we "allegedly" concieved a child my name was placed on the birth certificate and we were married prior to the birth of the child. 2 and a 1/2 years later i took an at home paternity test and when we got the results back it confirmed that i was not the father or the child. The mother an i have been seperated for more than a year and a half and she is now pregnant and living with the father of her new child. My question(s) is/are:

1) How do i go about getting my name taken off of the birth certificate if the mother has already consented to the removal of my name?
2)How do i go about getting an uncontested divorce if the mother doesnt want anything from me other than my name off the childs birth certificates and for me to sign over my rights?
3)Is it possible to sue for, documented, child support i already paid for the child? (over 7000 dollars)

distressedmom · #2 08-27-2008, 08:35 PM

It sounds like you may need to consult with an attorney right away. Many will give free consultations. Be sure to check their records with the Texas State Bar first before hiring one. You may need to file a court action to show that thru dna tests you are not the father and ask that your name be removed from the birth certificate. It could be difficult because of the amount of time that has passed and the fact that you have a relationship with the child. good luck

brleigh85 · #3 08-28-2008, 01:05 AM

Even if the mother has already consented to it ? do you think this will effect me having to pay child support? the mother doesnt want me to have visitation so i wouldnt have to pay child support right?

Helpless Mom · #4 08-28-2008, 01:59 AM

If your names on the birth certificate and you two were married. She can go after you for child support. But she is not obligated to. How much contact or relationship have you had with the child? Also, a paternity test through the state would have to be conducted, a home test isn't proof. I believe that you have a good chance if your ex is wanting someone else to adopt the child and you sign the consent. I am starting the process for a step-parent adoption right now in California and my lawyer said that if consent by the presumed father is given, adoption and removal of previous rights will typically be granted. Good luck and I will let you know if I find out more. I'm new to this also.