Signing birth certificate

What is the name of your state? TX

My son is engaged to marry a girl in January. The girl is pregnant by another man and should delivery any day. We are told the biological father is in jail for drug possession. He has not had anything to do with her since he found out she was pregnant. The girl does not want us to contact him to request he give up is rights to the child, but wants my son to sign as the father on the birth certificate. What are the legal ramification of him signing knowing he is not the father?

[I AM ALWAYS LIABLE]

Originally Posted by rampant1

What is the name of your state? TX

My son is engaged to marry a girl in January. The girl is pregnant by another man and should delivery any day. We are told the biological father is in jail for drug possession. He has not had anything to do with her since he found out she was pregnant. The girl does not want us to contact him to request he give up is rights to the child, but wants my son to sign as the father on the birth certificate. What are the legal ramification of him signing knowing he is not the father?

My response:

Advise your son to run!



IAAL

[nextwife]

First, it is paternity fraud. If he claims he is the biofather, knowing full well he is not, he would be swearing falsely.

Second, if he and this young lady ever break up, he will be responsible for child support for this child until 18 or more years. She could break up with him and go live with the child's biofather someday and your son would STILL be forced to pay support.

[nextwife]

Yup!

Wow, your plethora of legal knowledge astounds me! You must have spent hours researching the answer to that one.

[VeronicaGia]

Originally Posted by rampant1

What is the name of your state? TX

My son is engaged to marry a girl in January. The girl is pregnant by another man and should delivery any day. We are told the biological father is in jail for drug possession. He has not had anything to do with her since he found out she was pregnant. The girl does not want us to contact him to request he give up is rights to the child, but wants my son to sign as the father on the birth certificate. What are the legal ramification of him signing knowing he is not the father?

Tell your son he is crazy if he does this. It will be a legal, binding document that he will not get out of later. Also, TX only takes the income of the obligor into consideration when figuring child support. So if this girl dumps him, she's not even financially responsible to support the child, your son is. And if he brings up in court that he knew he wasn't the father, he could either be in legal trouble for fraud, or he could be paying support and be denied visitation. Believe me, judges can do weird things.

He absolutely should not sign the birth certificate. Once he signs it, she could leave, and he will be paying for the childs ticket to wherever she takes the child.

[I AM ALWAYS LIABLE]

Originally Posted by Gonwin

Wow, your plethora of legal knowledge astounds me! You must have spent hours researching the answer to that one.

My response:

Yes, Gonzo, it should. I'm quite sure you can empathize this person's situation because it's very much like your own situation. You also suffer from "Terminal Skankdom".

IAAL

[misslawli]

I realize that we don't know your soon to be d-i-l, But this is a bad Idea. I have a friend that did this about 4 years ago. We all(his friends and family) thought she was the nicest girl and so perfect for him and of course he was so happy. He had his own successful business and was for lack of better words, well off. they met when she was 3 months along. He signed the Birth Certificate and a month later she filed for custody, and child support. moved back in with the baby's bio dad. It was a scheme the whole time. It is really sad that there are people like that out there but there are. Tell him to wait and live the first couple of years then see what happens. After say 3 years they are still together and happy they can petition for adoption. If the bio-dad is still out of the picture(and has not made contact) they may be able to TPR due to abandonment. If they are serious, they have the rest of thier lives!! they don't need to rush anything.

I really feel sorry for any woman who has the misfortune of walking into your practice. Do you tell these women who (like myself), spent years and years taking care of their husbands, their children, and their homes - that they are losers??? Do you tell them that they need to be rehabilitated to become valuable members of society??? Do you tell them that they are money grubbing, lazy, bon-bon eating, Oprah watching, bitches - just because they want to maintain their spousal support for as long as possible (to give their children a better life)??? I doubt it. But, being the low class attorney that you clearly are, you probably take on their cases just to use them to make a buck. Sad.

The bottom line is, my ex doesn't have a problem with paying me, so get over it!!! The fact that you have such anger towards me - someone you have never met - clearly shows that you have MAJOR psychological problems. My free advice to you would be this - GET HELP NOW!!! I realize that trying to belittle me makes you feel like the big-powerful-man, but it only makes you look like the immature, woman-hating, pathetic, wormy, evil, little schmuck that you are.

Originally Posted by nextwife

First, it is paternity fraud. If he claims he is the biofather, knowing full well he is not, he would be swearing falsely.

Second, if he and this young lady ever break up, he will be responsible for child support for this child until 18 or more years. She could break up with him and go live with the child's biofather someday and your son would STILL be forced to pay support.

What is the penalty for paternity fraud in Texas

[I AM ALWAYS LIABLE]

Originally Posted by rampant1

What is the penalty for paternity fraud in Texas

My response:

That's what you're concerned about?

Oh, brother.

All advice and warnings appear to be falling on Dufus ears.

IAAL

Originally Posted by I AM ALWAYS LIABLE

My response:

That's what you're concerned about?

Oh, brother.

All advice and warnings appear to be falling on Dufus ears.

IAAL

When dealing with trying to advise a child as to what you as the adult thinks they should do, it helps to have as many answers availabe to the arguments or objections as possible. You would loose the battle before it starts to say to them they would be subject to paternity fraud and not know the consequences. So your insult is not warranted.

[I AM ALWAYS LIABLE]

Originally Posted by rampant1

When dealing with trying to advise a child as to what you as the adult thinks they should do, it helps to have as many answers availabe to the arguments or objections as possible. You would loose the battle before it starts to say to them they would be subject to paternity fraud and not know the consequences. So your insult is not warranted.

My response:

So, then why didn't you just say that?

Listen, we don't know who you are; whether you're the girl, the boy, or a parent of one or the other. For all we know, you're the girl writing as if you're the parent of the boy. We're not in the habit of advising people how to commit fraud, or getting a "heads up" on the penalties.

We get screwballs on this forum all the time! And guess what? We still don't know who you are in this matter.

Your latest question, at first blush, looks like it's being asked by someone who's trying to "get around" the system, and trying to find out how to deal with their potential fraud. So, why don't you call your local D.A. Office in your county for the exact answer - - that way they can hear your voice and get some idea of who they are talking to about this subject.

IAAL

Originally Posted by rampant1

What is the name of your state? TX

My son is engaged to marry a girl in January. The girl is pregnant by another man and should delivery any day. We are told the biological father is in jail for drug possession. He has not had anything to do with her since he found out she was pregnant. The girl does not want us to contact him to request he give up is rights to the child, but wants my son to sign as the father on the birth certificate. What are the legal ramification of him signing knowing he is not the father?

TX
Dear Rampant******************************************.
Congrats on your son's engagement. If he is happy, that is all that truly matters**************....the situation involving your future daughter-in-law leaves a lot of room for concern**************..
Signing the Birth certificate**************BAD IDEA!!!!!!!!, why would the mother protest to your contact of the biological father. The way I see it, he has a lot going against him,(while he ponders his future career in "lock-up"). I am sure that this will not be the only time he spends time there, this is TEXAS, and, the majority of individuals I have met here seem to like those places a lot, they seem to return frequently.
Anyway, If the father is not interested in being involved in the child's life, why not try to talk him into signing his rights over?
At least you would know what you will be up against in the future??????
There is nothing like getting attached to a child and having the father come back later and try to reclaim his position, thus, disrupting the balance.
Sounds like chances are he will not fight this.
I agree with some of the posts, DO NOT INTENTIONALLY LET YOU SON SIGN THIS BIRTH CERTIFICATE!!!!!!!!!!!
Wouldn't it be a real kick in the teeth If the biological father changed his mind and petitioned the court for his rights after your son signed his life away for a child that isn't his, AND is sbject to fraud??????????????
Now, should he sign, or adopt, he is taking "life long responsibility" for this child**************......monetarily, and (hopefully) emotionally!!!!!!!!!!!!!- IF IN FACT THIS IS WHAT HE TRULY WANTS TO DO!!!!!!!!!
And, believe me, I have friends that took this on, through adoption, and a few years later, now that the relationships have dissolved. These friends of mine are literally paying "through the nose", for child support, medical and dental until High school graduation, or until the child turns 18, whichever is later.
And, If he meets a new lady love later and decides to have other children, he is still obligated to pay until the child reaches majority********************************************************...
It is something to think about****************************..
I could be wrong, your son may last forever with this woman, girl, etc****************************.....BUT, what are the odds?????
I feel that parental termination is the only way to go, also by doing this, I am told, does not relinquish the biological parents obligation to support****************************..
Check this under Family Code section of Texas Statutes online******************************************.....Chapter 154, I do believe.
Ultimately, his decision**************.....we all have to learn from our own mistakes!!!!!!!!!!! Good Luck!!!!!!!!!!

I am not an attorney, and I am not offering legal advice, please research the legal issue in question with you State codes and statutes, or with a licensed attorney....
The above response is my personal opinion contrived through research and life experiences.