Legal Question in Family Law in Texas
im pregnant and my babys dad is married with two kids could i still file for child support without having his name on the birth certificate or without my baby needing to have his last name after she is born would he have any right to see her even if he is married?
2 Answers from Attorneys
If you go for child support, the court will probably change the child's last name (make it the same as the father's) and will almost certainly make an order for the father to have visitation. Him being married would have nothing to do with anything.
The father has the right to see the child.
You have the right to have him pay child support.
Baby does not have to have dad's last name.
( I'm assuming dad is not your current husband).
Understands that for either of you to enforce these rights there would have to be a court order. The court would not grant an order unless there is a petition and proof of paternity. There would be a lawsuit determining paternity.
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