Legal Question in Family Law in Texas
The father on my daughters birth certificate was not her real father. We went in front of a judge about 7-8 years and had him removed from the birth records and have a order stating that her last name could be changed to my maiden name. I havent had the original birth cert. changed yet. We didn't see the point of changing it just to change it again. My then boyfriend, now husband is the only father she has ever known. We would like to have her last name be the same as ours. Is there a simpler way to do this with out going thru the whole adoption process? Could he just sign an AOP?
1 Answer from Attorneys
You need to talk to a family law attorney in your area. Now most judges want DNA testing. The Texas legislature at the last session added a new law allowing "fathers" to contest their paternity because so many men had been declared to be fathers and then learned later through DNA testing that they were not the bio. dad. Due to their protests the Texas legislature enacted legislation that gives them a one-time "shot" at filing & geting their name off the child's birth certificate. So now judges don't want to add men's names without DNA tests to avoid this from happening in the future.
I think he probably has to adopt her. But I'm not sure what county you are in & the policy of your particular judge. So talking to an attorney in your county will be most helpful. Good luck! Happy Holidays!
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