I am not married, I live in Texas. Baby will be born in texas within the next month. If I don't list the father on the birth certificate being he is a felon right now for domestic abuse and aggravated assault, facing 1-20 years right now but will not know his sentence until June, but with him not being on the birth certificate, will he still be entitled to pay child support when/if court orders it? Father already knows he is the father and so does the court and my D.A. of Georgia state. My D.A. stated in the plea she would add that to the recommendation but also told me not to add him to birth-certificate.
You're smart to get Texas advice.
Establishing child support will be easier if he's on the birth certificate. Otherwise you'll need DNA testing.
You'll want to hire a lawyer to make sure that visitation is limited as necessary to protect the child. If you go through the attorney general to set up child support, you'll get basic visitation with few limits.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
I do not know why the DA would be concerned with the birth certificate. Whether he is on the birth certificate has nothing to do with his paternity. If he is your child's father he has a duty of support, but it probably will be subject to whether he is incarcerated for his criminal cases. Talk to family law counsel and to OAG Child Support Unit. Yes, he will still have a duty to support your child when the court orders it.
Texas Family Code
Disclaimer: General content is not to be relied upon or used as specific legal advice in lieu of personal consultation with a licensed attorney.
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