Legal Question in Family Law in Texas

Birth certificates

Should a single mother have the father's name be put on the child's birth certificate, even tho the child will have her last name? And why? They do not intend to marry & the child is not born yet. That would not give him the right to take custody would it? She plans to raise the child alone, but the father is willing to help financially.

Thank you.


Asked on 6/12/06, 9:05 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Birth certificates

If you are located in Missouri, why does the post state that the question involves Texas law? If the child is born in Missouri, I beleive that Missouri law would apply. The father can sign an affidavit to have his name placed on the child's birth certificate as father, and this has the effect in Missouri of a legal determination of paternity. As the Mother I believe that you have a moral obligation to this child to obtain legally enforceable rights to child support rather than simply relying upon the father to support the child financially. If you are receiving state assistance you may be able to get the state to take administrative action to enter a child support Order. In any event, you can file a lawsuit to have a Court enter judicial a child support Order. The father may also go to court to have custody and visitation rights established. He can not do so through the administrative process. I strongly urge you to obtain legal counsel to help you take the appropriate legal action.

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Answered on 6/12/06, 11:01 pm


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