Legal Question in Family Law in Texas
last name?
What if I'm still married but the father of the baby is another man, would he still be responsible to pay child support if I give the baby my married last name? Or would I have to give the baby the other guy's last name in order for him to be responsible to pay child support?
1 Answer from Attorneys
Re: last name?
Sidestepping the issue of why you are having another man's child while you are still married to someone else, as long as you are married, your husband is presumed to be the father of your children. You do not have the right to put another man's name on the birth certificate. Either during your divorce or as a separate action, a paternity suit with DNA testing will need to be done to legally determine the father of your child and assign responsibility for child support.
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