The parents are in the midst of a divorce, she knew that the child was her soon to be ex-husbands child. But she attempted to keep the child from him by putting another mans name on the birth certificate. It has now been proven by DNA testing that the ex-husband is the real father.
Ohhhhhhh wow, would it ever be, among some other things. That is a nasty piece of Law there. If somebody you know did this, and you know about it, you could be in trouble too if you didn't report it....
A lot of states automatically list a husband as the father of a child. They consider the child to be legally the child of a marriage and therefore also the biological child. Obviously, there are some problems with this. I don't the specifics for TX. It would probably be in your best interest to seek professional legal assistance.
Well I don't know if it's fraud exactly, but I was in court for child support with my boyfriend and the judge told the court. That if the mother puts her boyfriend who is not the father, on the birth certificate he is liable to pay child support for that child until he/she is 18yrs of age. But I would still ask a lawyer! And by the way I was in a Texas Court! Good Luck!
what about a mother using another mans name on public docs , such as an obituary that is put out to the public newspaper .. Changing the child's name for the obit? Not using her birth name ... She refuses my son his rights to visit the child and now is using her new husbands name as the baby's name. My son is so hurt and upset she did that ... Is that legal
Well I am going through the same thing. My son was born in March of 2008 she had her boyfriend at the time fiance sign knowing he was not the father. Their goal was to marry before giving birth and then they moved plans to the moth after birth. Court proceedings since have been them both repeatedly denying that they did this that there was reasonable doubt however he has repeatedly told mutual friends he did it with three different stories. One he was coerced; two he did it with her to spite me; and three he did it to save their relationship.
Either way and I do feel that this is the common underlying factor though it was not done to damage the child it was done to damage the father in this case us. It does fit the meaning of fraud and it is a federal document. In my case and I am sure you have experienced this you are likely suffering from a lack of proof and they do not have to tell the truth just deny that they knew.
As a result I am in and out of court still a year later trying to amend the birth certificate since the court system of Burlington County, New Jersey doesn't know how to handle a simple ammendment clause to throw out the original birth certificate and alter the child's last name. Last advance I made was simply to get the original thrown out as of january this year and she lost the paper that the office of vital statistics mailed to her meaning I would have to pay to have the papers drafted and notarized yet again, and at this point the document has become permanent meaning his last name is finalized as the other man's.
To top it off they have moved in with each other again which since they have an older child together I feel will result in issues in the immediate foreseeable future. SO.... Consult with your lawyer and get ready to get stuck hunting for one that actually cares about fathers rights cause courts are extremely biased towards the mother.
(I have a clean record, clean background, recently laid off from a public school job as a Teacher Assistant was the top earner towards income in regard to my child and provide his benefits but it has gotten me no where and she has repeatedly turned down every offer by me in court to provide child support)
I'm from GA and as far as I know that is not considered fraud....just stupidity and denial. B/c in the long run the child will suffer and you will have to go thru a lot of court precedings to have rights if they ever tell the child you are the biological father.
The definition of fraud is deception made for personal gain or to damage another individual...So no it would not be fraud because I do not see where her putting her husband's name on the birth cert. Is benefiting anyone but the child in this instance..What I mean by benefiting the child is that having "mommy" and "daddy" both married and living together is a good thing for any child....so fraud would be hard to prove..plus...unless you had your ex's cootie (lol..for lack of a better word) locked up and you had the only key...you can never 100% for sure know that YOU, are that child's father just because you had a fling, dosen't mean she wasn't having a "fling" with her husband or someone else for that matter while she was flinging" with you briefly, the only way to know for sure is to have a DNA test done, and be warned a judge will not care about your ego, they will have this child's best interest for most in any preceding..... Hope this helps
