I live in texas. I would like to put my fiance [non-biological father] on my daughter birth certificate. But my child father is paying child support and is not on birth certificate. Would my fiance still be able to sign his name on the birth certificate?
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Anonymous
ANSWERS: 3
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I would not do that. That is fraudulent, illegal, and immoral.
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I am not an expert but I think that if you put his name on the Birth Certificate that automatically makes him responsible for the financial needs of the child which means you can no longer get child support. Plus the man that has been paying can probably sue you for the child support he paid in and you could have to reimburse him. Of course it's illegal too.
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It doesn't matter what state in the Union you reside in. If the man who is paying the child support is the legal father (biologically or otherwise), the ONLY way you can have ANYONE else assume that responsibility under the law is to go to petition the courts to remove his parental rights first. And that's NOT likely to happen. It most certainly WON'T happen just because you wish it to happen. You will have to at least prove to the court that the legal father is either NOT the biological father or that he is totally irresponsible somehow. And for your fiance to be named the legal father by law, you must ALSO do this under the law. This is known as "adoption". Unless he's already the biological father, in which case all that needs to happen is to prove this to a judge. Changing the birth certificate does NOT make your fiance the legal father. In fact, changing it, or creating another one would be fraudulent and could cost you quite a bit under the law. You MUST have a court order to do this. http://www.dshs.state.tx.us/VS/reqproc/amendparentage.shtm
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