Legal Question in Family Law in Texas

Child Custody

Daughter 17 and pregnant. Broken up with father. His father wants her to insure the baby has their last name. Daughter wants to use her last name. His parents insist that if she doesn't use their last name for the baby that he is not liable legally. Doesn't she just have to insure that he is showed as the father on the birth certificate not necessarily that the baby have his last name.


Asked on 4/13/02, 12:59 pm

2 Answers from Attorneys

John Pfister, Jr. Pfister & Associates

Re: Child Custody

Your right. He is legally responsible, even if child has mom's last name. However, should a court get involved, it may change the child's last name. Depends on court.

Good Luck

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Answered on 4/13/02, 1:59 pm
Bob Leonard Bob Leonard Law Group, PLLC

Re: Child Custody

The name on the birth certificate has nothing to do with whether a father has to support his child. Even the designation of the father on the birth certificate is not binding (you could put anyone's name). If a question later comes up, only a DNA test can prove (almost) for sure. It is still important to put the actual father's name, because later, if she sues for child support, the judge might not grant it back to the birth of the child if the judge elieves that the mother has hidden the name of the true father.

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Answered on 4/15/02, 3:00 pm


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