Legal Question in Family Law in Texas
I have a 3 month old son with a man who does not know he is the father... I am with a new man now, and when my son was born we both agreed to give my son his last name. Now I'm kind of in a bind, contemplating if I did the right thing or not! I want my son to know his REAL father even though my fiance is a fantastic father. I plan on going to the the General Attorneys office next week, yet I'm contemplating whether to get my son's real father to sign over his rights or file for child support. How hard would it be going about this, especially with my fiance's name on the birth certificate? Will there be any court cost? Also, will his father have any rights? I've looked up my states child support laws but it's not really giving me all the information that I want. I'm not really sure what route to go, either filing for child support or asking him to sign his rights over.. not really sure what would be easier. Any help?
1 Answer from Attorneys
The Attorney General won't help you do this.
What you're probably thinking about doing is a TERMINATION of the real father's rights and an ADOPTION by your husband.
Technically, there's no such thing as Dad "signing over his rights." He can certainly sign an Affidavit of Relinquishment, and you can file a termination suit with the court, but ultimately it's up to the Judge. I have seen two separate cases, in two different courts, where the parties filed termination suits, and Dad signed the affidavit, and the Judge said, "No, I refuse to terminate Dad's rights ... I don't believe it's in the child's best interest."
However, USUALLY when the Dad has had no contact with the child, and he's willing to sign the Affidavit of Relinquishment, and you file a termination suit ... the Judge will order the termination. But it isn't automatic.
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