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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption