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When Mother is Married to Someone Other than the Biological Father
If the mother is married but someone other than the husband is claiming to be the father, the husband is the legal father unless he completes the Denial of Paternity section on the **Acknowledgment of Paternity (AOP) form. The mother and claimed father must also agree and complete the AOP for the claimed father (not the husband) to be established as the legal father and be put on the birth certificate.<p>If the man claiming to be the father or the husband is unable to sign the AOP at the time of birth, the claimed father, the husband and the mother may fill out the AOP at any time to establish a legal father. However, there will be an additional fee to add the fathers name onto the birth certificate if the AOP is not filed with the birth certificate (using the Amendment to Paternity on a Birth Certificate).<p>
If any of the parents are minors, they can sign the birth certificate and/or AOP regardless of how old they are. Additionally, it is the baby's mother and father's decision-not the grandparents' or legal guardians'-as to whether or not he and/or she signs. The witness on the AOP, however, must be over 18.<p>Mother and Father do not Agree Who should be Named Father
If a man believes he is the father and the mother does not agree or the husband does not agree to release his paternity rights, the claimed father may file a Notice of Intent to Claim Paternity. It will not legally establish paternity or allow him to be named on the birth certificate, but it allows him to assert that he believes he is the father and wishes to preserve his rights as a parent. The man should then contact either an attorney or the Office of the Texas Attorney General's Child Support Program to start the process of obtaining a court order naming the biological father as the legal father of the baby. The Attorney General's toll free number is 1-800-252-8014.<p>Last Update: 06/19/00<hr></blockquote><p>good detective work, aimee!!!
H 2 u - I think I would continue doing the best plan A that I could - for just a little while longer. But if it is just getting too intolerable, I would move to plan B - Seamlessly....<p>So keep doing your domestic support thing, happy face, support husband role, good father role - until you just find that you can't. In the mean-time, prepare for plan B - meaning, get yourself prepared to move back to where you have the most emotional support - and life, and at that time - maybe file for a custody motion for your children, including your legal baby - not because that is going to 'punish' your wife, or coax her into wanting to be back with you, but because you are the most stable parent.<p>It wouldn't hurt to continue to use the forum as a means to "document" all the instability. <p>CYA, but, do it lovingly.<p>God Bless,
TnT