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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default File for Divorce or First Have Name Changed on Birth Certificate

    My question involves a marriage in the state of:Texas

    My best friend married this girl 3 years ago. She was caught cheating on him within the first year,
    but they chose to work it out and stay together. They were having problems having a child so he paid a
    lot of money for fertility stuff to try to help things along. She got pregnant and had the little boy a year
    ago this last January. They have had issues but have worked through them and stayed together. Last
    week she walks in and tells my best friend that one weekend while he was gone out of town she left down
    Ended up doing come cocaine and slept this this other guy. She then proceeded to tell my friend that their
    Son is not his. My friend had a paternity test done this week and got the results yesterday. The little boy is not
    His. He is trying to fil for divorce asap, but also wants his name off the baby's birth certificate. Which does he
    need to do first? Also - the county courts told him which papers he needed to do it himself if he didn't want an attorney.
    She is taking the baby and their personal belongings and leaving. She doesn't want the house or anything. Can they take a piece
    Of paper in the courts that says what all she wants and they aren't fighting over anything and get the divorce done as soon and quickly
    As possible? Thank you for any guidance you can provide.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: File for Divorce or First Have Name Changed on Birth Certificate

    He should speak to a family lawyer. I expect he'll be told to raise the issue of paternity in his divorce case. The divorce court can declare that he's not the father, such that he loses any visitation or custody rights but doesn't have to pay support. Note, that doesn't always happen.

    If mom wants to change the child's name, and he consents, it's possible. If he wants his name removed from the birth certificate his best bet is to convince the biological father to petition for a finding of paternity and to cooperate with that process.

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