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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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When i filed divroce i was not prgnant. Months

Customer Question

Hello, when i filed for my divroce i was not prgnant. Months later i found out i was pregnant but my ex husband is not the father of my baby so last month i went to court and the judge denied my divorce because of my pregnancy she said i needed to add the new baby and the father in the petition and the decree also both the father and my ex husband neede to sign a waiver of service. I need help on what information goes on the petition and on the decree so that my papers can get edited since it does not give me the option on the questionare. Thank you I hope I can get some help soon.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.So in your original petition do you state something similar to the following:There are no children under the age of 18 born or otherwise entitled to support or adopted to the marriage and none are expected?
Customer: replied 1 year ago.
I dont understand where to look for that i dont remember seeing anything like that on the petition.
Expert:  Samuel II replied 1 year ago.
Ok. Do you have a copy of the Petition you filed?Because there will be a statement as above and you need to amend it so that it readsThere are no children ​​under the age of 18 born or otherwise entitled to support or adopted to the marriage. HOWEVER your Petitioner is expecting a baby on or about DUE DATE. Said baby is not the biological child of the Respondent.
Expert:  Samuel II replied 1 year ago.
And then use this LINK for the waiver of service for the Husband
Customer: replied 1 year ago.
There is a child that was born she was included in the first petition i turned in she was born in the marriage she is now 2 years old. And the new baby was also born 2 weeks ago. So would i have to add her to the petition? As well as her biological father?
Expert:  Samuel II replied 1 year ago.
Thank you.So you will add the new baby by name and birth date, yes. It appears the judge wants to have the new baby added But you can add that it is not the biological child of the Respondent as I noted above.
Customer: replied 1 year ago.
Can you tell me exactly where it would go on the petition? And what t would say? I was told that in order for me to amend it i would have to get the exact wording and place on the petition. I also want to know if its necessary for the biological father to be included in the petition or decree?
Expert:  Samuel II replied 1 year ago.
It will be included in the Children Clause. You can Headline it Children and then under the headline title just writeThere is one child born of the marriage give the name and date of birth. Said child is under the age of 18 and is otherwise entitled to support from both parents.There is a second child Name and Date of birth. Said child is under the age of 18 and is otherwise entitled to support; however the Respondent in this Petition is not the biological Father of said child. The biological father is name and he has stipulated, agreed and has otherwise acknowledged paternity and will be supporting said child.
Customer: replied 1 year ago.
Okay thank you! And would the biological father also need a waiver of service?
Expert:  Samuel II replied 1 year ago.
This is the correct link for the Respondent Waiver of Service.
Expert:  Samuel II replied 1 year ago.
The prior link was for Waiver with No Children which does not apply.
Expert:  Samuel II replied 1 year ago.
This can be typed out and used by the baby's biological Father and add the Notary provision at the end. “I acknowledge that I have been provided a file-marked copy of the Original Petition for Divorce filed in this case. I have read and understand the contents of that document.I understand that the Texas Rules of Civil Procedure require, in most instances, that a party or respondent be served with citation. I do not want to be served with citation, and I waive the issuance and service of citation.I understand that I have a duty to notify the attorney for Petitioner if I change my address. I understand that, unless I notify the attorney for Petitioner of any such change in writing, any notices that I might otherwise be entitled to receive with regard to disposition of this proceeding will be forwarded to me at the address indicated below.I further state that the following information is correct and that my-Mailing address is: _________________________________________________Telephone number is: _______________________________________________Social Security number is: ___________________________________________Driver’s license number and issuing state are: ___________________, TexasI further understand that I have a duty to notify the Court if my mailing address changes during this proceeding."
Customer: replied 1 year ago.
Would that be everything the biological father needs? Those are all the papers i would present to the judge?
Expert:  Samuel II replied 1 year ago.
Thank you. As far as my experience, yes. The judge asked for the amendment to mention the new born, you note it is not the Respondent's biological child and they both file the waivers of service.

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