Legal Question in Family Law in Texas

If my ex-fiance and I knowingly perjured ourselves when signing the Acknowledgement Of Paternity In Texas because he is not the biological father of my son, and he has now decided he wants to be taken off the birth certificate, is that possible for him to do? And if it is, what kind of trouble will we get in for lying on a legal document signed in front of a legal aid?


Asked on 7/07/12, 12:03 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I've noticed that no one has attempted to even answer your question -- so here goes.

Maybe- but I cannot say yes or no - you need to sit down with an experienced family law attorney in your county and discuss the details. The details of your particular case might take a difference. The TX legislature made some minor changes to this area of the law in the last legislative session -- so pay some money & sit down with a family law attorney.

Please don't call me -- because I'm not taking any litigated cases. I only mediate these days. Plus, I'm not in your county. You might want to call Patricia Bushman at 713-807-9405. I rent space in her office. Talk to Jessica in her office. Tell Jessica that FRAN sent you. I don't know if Pat can help you but perhaps she can. Pat will go outside of Harris County for cases. She goes to court a lot & is not afraid to take TX A G cases -- a lot of attorneys won't take them. Our office is at Loop 610 by Reliant Stadium in Houston, Texas.

Check out attorneys on this website or on www.avvo.com.

Before you go to the TX A G -- I would want to talk to an attorney. I'm sure the TX A G will not cooperate willingly with you. They are under-staffed and overwhelmed with cases. They don't want any extra work these days!

Generally, to change a legal document requires a judge to do so. So you will need to retain the legal services of an experienced family law attorney and go to a judge. A judge is NOT going to bastarize a child. Why? Because if you die then your child will be an orphan. Also, this is the only father that your son has ever known. If your son is old enough to have formed a relationship with this man then the judge might not be willing to modify the birth certificate.

Another way to modify the child's birth certificate would be to find a new daddy for the child. You need a termination of parental rights lawsuit along with a step-parent adoption. It's 2 lawsuits that are combined into one. They are expensive and take several months to complete. It's a lot like adopting a brand-new baby. The new daddy gets a criminal background check. There is a social study. This is certainly another option to consider.

I hope that you found this information helpful. Good luck to you guys!

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Answered on 7/13/12, 8:45 pm


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