Legal Question in Family Law in Texas

My 17 yr old son and his 16 yr old girlfriend (both still fulltime students and living at home) are having a baby. My son has just informed me that 'her' very controlling parents intend to give the child 'they're' last name... "for insurance purposes." First of all, they have falsified their family situation to qualify for medicaid. Successfully. And so, when the child is born, he will also be on medicaid. So the "insurance" ploy is just that. Is there a simple measure my son can take to insure his son gets 'his' name. The mother will go along with whatever her parents demand....


Asked on 2/18/14, 5:11 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Your son will need to file a paternity suit to be named the father. If he is under the age of 18, then you can act on his behalf.

In Texas, most courts will give the child the father's last name.

If you give her any money or buy her anything, keep the receipt. Paperwork is your son's new best friend.

If he is a student then his child support will be based on minimum wage, around $200 a month. You can look on the Texas A G website & determine the exact amount. I don't have the Texas Family Code in front of me.

Usually the father is also responsible for insurance. If she applies for medicaid then the TX A G will look to him to reimburse the TX taxpayers for this cost.

I encourage you to be nice to the pregnant girl. She does not need the stress. It is bad for her and the baby.

She is a minor (until she turns 18) so her parents do "control" her. They will represent her in court.

I encourage you to try to get along with them. You are all going to be grand-parenting this child together. The parents will parent their child for the rest of their lives.

I hope this has been helpful.

Look for a family law attorney in your county on this website & on www.avvo.com

www.familylaw4u.com

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Answered on 2/23/14, 5:42 pm


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