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Okay, this is for my sister

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ajfai

Member
What is the name of your state? TX

My sister will be marrying a guy she has known for a long time (VERY long story). Anyway, I just need to get her to understand that it is not very easy for someone to decide to change their mind when it comes to taking care of a child. I guess I should get on with it.

Her fiancee was with this girl that has three children. Apparently, 2 of the 3 children do not belong to him. When he was with this girl he decided to take care of this child as his own and she says that he signed some sort of acknowlegement paper. I am assuming it was the acknowledgement of paternity. Well, my sister told me that he wants to take the little boys last name and change it (It was the fiancee's last name). He also wants to get custody of the little girl (she is biologically his) and take care of her. The mother told him that if he wants to take the little girl he also has to take the little boy. This is the reason for wanting to change the little boy's last name. Oh, by the way there is a CS order for the little boy that is not biologically his.

I really don't know what changing the child's last name would accomplish. I told them that since he signed this paper acknowleging paternity there was really nothing he could do because he has been taking care of this child for the last two years. And because there is a CS order there was nothing he could do. He doesn't want to believe me that there is nothing he can do. He is going to an attorney this week so they can probably tell him the same thing that I told him and hopefully you guys can give me advice if I am incorrect in what I told him. I feel that he is going to be wasting time and money if he goes to an attorney and they tell him what I said (or something similar).

Any advice would be greatly appreciated!
 


VeronicaGia

Senior Member
Changing the childs name won't help. He needs to try to ask for a court ordered DNA test for all three kids. If that is approved, and only one child is his, and the judge decides he cannot be held accountable as the "legal" father, then he can file for custody of any child that is biologically his.

However, realize a judge may not even entertain his motion for a DNA test. You need to find out what he signed.
 

AHA

Senior Member
Since you are not even the step parent of the kids in question, I suggest you tell him to consult an attorney or post his questions here himself. There are bound to be details that you don't have that could make all the difference in the legal advice he would get here.
 

ajfai

Member
Thanks for your advice. He does not have a computer at home that is why I posted it for him. I realize that this is coming from his side only. There is always 3 sides. His side, her side and the truth! (That's corny huh?)

Anyway, thanks for the advice
 

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