How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26346
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
6704987
Type Your Family Law Question Here...
Roger is online now
A new question is answered every 9 seconds

My husband for 16 years was recently contacted by a 17 year

Resolved Question:

My husband for 16 years was recently contacted by a 17 year old young man that is the son of a girlfriend he had before we dated. He was told by his mother that my husband is his father. He does look much like my husband. My husband knew she was pregnant at that time and she offered for him to sign his rights away as she wasn't sure who was really the father and they weren't in love. He did sign away his rights before the child was born. Now his son is wanting to change his name to ours and we have all become very close including our other 2 sons. The mother is saying that he must add his name to the birth certificate as father when/if we do change his last name to ours. From what I've read, we can change his name without doing that. If we change his name will it make my husband liable for back-child support? I'm leary at this point. He graduates from high school this coming May and will be 18 in August. I don't want our new relationship to become soured by legalities or revenge. It seems to be on the up and up but you never know.
Thank you,
Texas Mom
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

Your husband giving up his parental rights BEFORE the child's birth is not legally effective. He could not give up his rights legally until the child was born. Thus, your husband should still have legal rights.

As for changing his name, if the child and his mother and father (if there is a father named on the birth certificate) are agreeable to changing the child's name to your husband's last name, then it is a fairly simple process and just takes a petition for name change. Here's a link with a sample petition: http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/NameChangesInTxpdf.pdf

However, doing this will not make your husband legally considered as the father of the child, and would not create any legal relationship.

If your husband wants to be the legally recognized father of the child, he would have to file a petition for paternity to be established by a DNA test. If the DNA test results prove that your husband is the father, then he would be considered the biological parent of the child, a new birth certificate can be filed, etc.

Also, it is POSSIBLE that if your husband is determined to be the father that the mother can seek back child support from his birth up to the present. The mother would have to seek to do this before the child is 18. Thus, there is a possibility for this to happen.

If you were to wait until the child turns 18, he can file a petition to change his name without his parents and you should also not have any threat of child support being sought.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26346
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney