My question involves paternity law for the State of: Texas
10 years ago my then boyfriend and me had a child together. At the time him and I were both in the military, stationed in California. When my son was born, he was deployed and I was not able to list him as the father on the birth certificate due to the paternity laws for enlisted military personnel. The only thing that I was able to put down on the birth certificate was he's date of birth and place of birth which I did do. When he got back from deployment we split and ever since then he has not been apart of my son's life at all. When my son was about 4 years old I decided to open a child support case against him and a paternity test was ordered which showed he was the father, although he was never added on the birth certificate. During this time I was already married to my now husband and after long reconsideration we decided to drop the case to prevent a future disappointment for my son. During our court appointment I let the mediator know, in front of the biological father, that I dropping the case. Ever since then my husband has been the only father my son knows as a matter of fact my son does not know that my husband is not he's biological father. My question now is if my husband wants to be added on the birth certificate to be able to give my son he's last name (he has my last name) will we need to go through the court since there is a paternity test in California stating who the father is, even if it never made it to birth certificate? Or can my husband just sign a form stating he acknowledges he is the father? By the way the last time I saw the biological father was the day we had the court date (when I told him I was dropping the case) and that day I asked him to give me all he's rights since my son was already 4 and he had not once claimed him and he said no, so I know simply asking him for he's right will not work.
10 years ago my then boyfriend and me had a child together. At the time him and I were both in the military, stationed in California. When my son was born, he was deployed and I was not able to list him as the father on the birth certificate due to the paternity laws for enlisted military personnel. The only thing that I was able to put down on the birth certificate was he's date of birth and place of birth which I did do. When he got back from deployment we split and ever since then he has not been apart of my son's life at all. When my son was about 4 years old I decided to open a child support case against him and a paternity test was ordered which showed he was the father, although he was never added on the birth certificate. During this time I was already married to my now husband and after long reconsideration we decided to drop the case to prevent a future disappointment for my son. During our court appointment I let the mediator know, in front of the biological father, that I dropping the case. Ever since then my husband has been the only father my son knows as a matter of fact my son does not know that my husband is not he's biological father. My question now is if my husband wants to be added on the birth certificate to be able to give my son he's last name (he has my last name) will we need to go through the court since there is a paternity test in California stating who the father is, even if it never made it to birth certificate? Or can my husband just sign a form stating he acknowledges he is the father? By the way the last time I saw the biological father was the day we had the court date (when I told him I was dropping the case) and that day I asked him to give me all he's rights since my son was already 4 and he had not once claimed him and he said no, so I know simply asking him for he's right will not work.
Establishing Paternity: Adding New Husband to a Child's Birth Certificate Despite Prior Finding of Paternity
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