Legal Question in Family Law in Texas

During my marriage, I gave birth to a child. A paternity test confirmed that my husband was not the father. We are now in the process of getting a divorce. The biological father has assumed co-parenting responsbilities, including child support. We want to change my daughter's name to the biological father's last name. Since my divorce is pending and my husband is listed as the father of my daughter rather than the biological father, do I have to do more than file a petition to change the name of the minor? Should I also file an acknowledgement of paternity signed by me, my husband, and the biological father first?

Asked on 5/10/11, 4:21 pm

Fran Brochstein Attorney & Mediator

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You have a real "mess". You had a baby while you were married. The husband is the presumed father.

I would hire a family law attorney who can sort this all out. The divorce paperwork can handle all of your problems!

Do it now.

PS - Don't get pregnant while you are getting divorced because it will complicate things even more!

Answered on 5/11/11, 9:26 am

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