Legal Question in Family Law in Texas
I want to change my sons last name to his real fathers name. No one signed the birth certificate. The man who last name he carries now has been proven not to be the father. We have yet to take the paternity test on the real father but i am 100% sure that he is. The court order ask for a co-petitioners signature and the only reason that there doesnt have to be a signature is if that person is deceased or has signed over their rights. If no one has signed the birth certificate, does there need to be a co-petitioners signature?
1 Answer from Attorneys
If the biological father is willing to be listed on the birth certificate, have him execute an acknowledgement of paternity.
If he is not willing, you have to file determination of paternity action. If the child is more than 4 years old, the statute of limitations may have expired, depending on your facts.
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