Legal Question in Family Law in Texas

I am an 18 year old single mother with a son who is about 21 months. His father hasn't been in his life since April of 2010. He was never there through-out my pregnancy, saw my son when he was born, left for a whole year again, and then came back at the beginning of April right before my son turned one. He left during that same month and we have not heard from him since. We've sent letters to his parents's house with no response in reuturn. I have no idea where he is or how to contact him, and this whole "trying to keep in contact" thing is only one-sided. My son's father's name is not on the birth certificate whatsoever, so can I just have sole custody over my son without having to ask his father for anything? So I'm the ONLY parent, and I can make ALL the decisions with no second answer? A good example is, I'm going to college and my son is staying with my parents. I want to give my parents temporary custody until I graduate from college, so that I can take him back within my care again. How would this work? Is my son's father's actions, or non-actions, considered abandonment? And what if I get married and I want my husband to adopt my son? Can we do that legally without having to try to find my son's father since we have NO clue of his whereabouts?


Asked on 1/17/11, 1:55 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

At this point in time, the child's biological father is, legally, a stranger to him. The father has no rights and no duties until a court signs an order that says he does. In other words, you have sole custody.

You don't have to do anything right now. You have 100% of the decision-making rights to the child.

At some point in the future, the father may go to court and file a paternity action and ask to be established (legally) as the father of the child. When (if) he does, his rights and duties will be whatever is in the final order that the Judge signs.

You have the right to go to court and ask that the father be terminated, if he hasn't supported the child for a period of one year.

If you and a husband want to adopt the child, you would first have to terminate the biological father.

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Answered on 1/23/11, 12:48 pm


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