[mike2008]

I have a friend who is married and he is county jail. He has been there fore about 10 months. His wife is now pregnant from another man. He wants to know what kind of form does he need to file to relinquish his rights to this child. SHE WILL BE DUE IN ABOUT 1 MONTH AND He does not want the state of Texas to get for child support on a child that is not his. She has agreed to sign the forms as well but does not make the effort to solve this issue. So I AM GOING TO TRY TO HELP MY FRIEND OUT SINCE HE IS IN JAIL. PLEASE HELP!.

[ScottGem]

How can you relinquish rights to something you have no right to? If he's not the father, then simply deny paternity. Refuse to sign the birth certificate and refuse to have his name on it. If the mother doesn't put his name on the certificate, especially if she puts the real father's name, then your friend is off the hook.

So all you need to do, is apply in Family Court to see a copy of the birth certificate. If his name isn't on it, then he's clear. If his name IS on it, then he has to file a petition in Family Court to have it removed.