Can my sons biological father get rights after not ever seeing him?

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Can my sons biological father get rights after not ever seeing him?

My son is a year old. My husband and I split up about 2 years ago. I was dating another man and got pregnant. While I was pregnant my husband and I got back together. My son’s father has never seen him in person or helped in anyway. Can he come back after never being around and get rights to him?

Asked on June 6, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The biological father can potentially file a paternity suit which, in Texas, is called a Suit Affecting the Parent Child Relationship.  If the child was born during your marriage and carries your husband's name, the child will be "presumed" his child, until a court order says otherwise.  So, the biological dad will have to overcome that presumption.  Even if he overcomes the presumption, you may be able to terminate his parental rights if he knew the child was his and asserted no contact and provided no support over the last year.  This is effectively abandonment, which is a basis in the family code for termination of parental rights. 


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