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  1. #1
    Join Date
    Jan 2009
    Posts
    5

    Question Changing a Father's Name on a Birth Certificate

    My question involves paternity law for the State of: Texas
    I have a very upseting situation. My daughter's name was changed to match that of her biological father. His name is not on the birth certificate, and me and my ex signed an acknowledgement of paternity at the hospital when she was born. After we seperated, I went to who I thought her biological father was and he took a paternity test and it showed he was her father. This was 3 years ago. He finally agreed for her to have his last name. I want my ex's name off of her birth certificate, I was told by someone in order to amend the AOP that was signed when she was born, this had to be done within 4 years. Can I go to a court after the 4 years to establish his paternity so I can change the name on her birth certificate?????

    Thanks,
    Very Frustrated

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

    Default Re: Changing a Father's Name on a Birth Certificate

    Is it that you knowingly committed fraud, naming somebody to the birth certificate knowing another person to be the father? Or were you simply reckless, naming one person as the father when you knew there was another possible father? Or is this a situation where you were married, and your ex-spouse was named to the birth certificate as a matter of law?

    Your ex- is your ex-boyfriend or ex-husband? Your ex- has custody rights? Visitation rights? Pays child support?

  3. #3
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Changing a Father's Name on a Birth Certificate

    Quote Quoting Mr. Knowitall
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    Is it that you knowingly committed fraud, naming somebody to the birth certificate knowing another person to be the father? Or were you simply reckless, naming one person as the father when you knew there was another possible father? Or is this a situation where you were married, and your ex-spouse was named to the birth certificate as a matter of law?

    Your ex- is your ex-boyfriend or ex-husband? Your ex- has custody rights? Visitation rights? Pays child support?
    I didn't knowingly commit fraud, the guy who's name is on the birth certificate and I had been together for 3 years, but we had split up for a while and that's when I met her biological father. Her biological father went back to his ex, so I went back with mine, then found out I was pregnant. I assumed she was his, but knew there may be a slight chance she wasn't, but he didn't care. After she was born, we had problems, so I went to her biological father and asked him to take a DNA test and he did and it showed he was her father. So, my ex (boyfriend) doesn't have any rights, or visitation, and doesn't pay child support.

  4. #4
    Join Date
    Nov 2008
    Posts
    8

    Default Re: Changing a Father's Name on a Birth Certificate

    Your ex that is no the Birth Certificate does have rights, by signing the affidavit of paternity he became her legal father. It is no longer a cut and dry situation.

  5. #5
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Changing a Father's Name on a Birth Certificate

    Quote Quoting wifejj
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    Your ex that is no the Birth Certificate does have rights, by signing the affidavit of paternity he became her legal father. It is no longer a cut and dry situation.

    But, when we went to court because he was fighting me for custody, we took the DNA test showing he wasn't the father, and the judge said that was it, since she wasn't his, he couldn't do anything.

  6. #6
    Join Date
    Nov 2008
    Posts
    8

    Default Re: Changing a Father's Name on a Birth Certificate

    Quote Quoting skmcdaniel
    View Post
    But, when we went to court because he was fighting me for custody, we took the DNA test showing he wasn't the father, and the judge said that was it, since she wasn't his, he couldn't do anything.
    Did the final order from the court state that he was not the father?
    WEb Site with info
    http://www.dshs.state.tx.us/VS/reqpr...parentage.shtm

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