Talked into Signing Birth Certificate

My question involves child support in the State of: TEXAS

My soon to be ex and her mom talked me into signing the birth certificate so my exes daughter would be born with a father on the birth certificate. We also got married right before she was born, so she would not be born out of wedlock. My ex knows who the father is, as she has shown me pictures of him. She has no will to go find him though. Now, since we are getting divorced, the state is going to force me to pay child support, even knowing why I am on the birth certificate. She doesn't want the child support, as she doesn't want me to have anything to do with her daughter. I haven't seen her daughter in over 4 years now (she was 3 when we separated). She has already assured me that she will give the money back to me, but how much I can believe her remains to be seen. My problem with all of this, is there is no reason whatsoever for her to go find the dad. The state sure as heck isn't going to make her go find the dad, as they have someone right now who can pay. What would make her want to go find the real dad? If the state is trying to act in the best interest of the child, why not force the mom to find the dad? Why force me to pay for a child that she doesn't want me to have anything to do with, nor do I? The child needs her real dad. I want my name taken off the birth certificate, and for her to go find the real dad. How can I make this happen? I only signed because I was assured that I would not have to pay child support if we ever separated.

She was born during your marriage, so you are presumed to be the legal father regardless of biology.

You should speak with an attorney; you may be able to disestablish paternity as part of the divorce action but don't hold your breathe after 7 years.

Do you think it would help any if I did get a paternity test done, so I can at least have on the books that I am for sure not the father? I already know I'm not the dad, nor can I be. We got together when she was about 3 months pregnant.

At this point you may not even have standing to do anything - according to this site you had 4 years in which to disestablish paternity.

Speak with a local attorney asap because at this point biology doesn't matter - you ARE the child's legal father.

Wow, that certainly doesn't help. lol :wallbang:

I wish I would have known all of this before. I would have certainly have done something about it well before now.

TY for your help.

Texas also has a presumption of paternity law, and since you voluntarily married the mother, signed the birth certificate, and lived with the child for 2 years, there are very limited circumstances in which this presumption can be overturned. Google 'Texas Family Code - Section 160.204. Presumption Of Paternity'.

Might want to consult with an atty in your area and find out your options, because from what I'm reading, you ARE this child's father in the eyes of the law. Good Luck.

Ya, I read that. I know what the law is saying. It doesn't make it right though. That's not looking out for the best interests of the child. That's looking out of the best interests of the state or the mom. Best interest of the child would be to find the dad, and let him know he has a child and the child has a real dad. I hate having a soft heart sometimes. :(

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Quoting NotHim

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Ya, I read that. I know what the law is saying. It doesn't make it right though. That's not looking out for the best interests of the child. That's looking out of the best interests of the state or the mom. Best interest of the child would be to find the dad, and let him know he has a child and the child has a real dad. I hate having a soft heart sometimes. :(

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The best interests of the child are served by having two legal parents be financially and emotionally supportive regardless of biology.

The question will also likely be asked - what have you done to pursue visitation/custody of your child?

Thanks again Dog, you always seem to hit the nail on the head.

Op, if you have a soft heart, perhaps you should become involved in this young girls life, and give her the dad that she deserves.

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Quoting Dogmatique

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The question will also likely be asked - what have you done to pursue visitation/custody of your child?

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I have not done anything. Her mom does not want me to, nor do I want to. Not to say it's the childs fault, but I do not want to lead her to believe that I am her dad. I have my own life now, with a son. It would create quite some confusion to try to start visiting.