Legal Question in Family Law in Texas

I suggest that you talk to a child therapist about this very soon. I don't know how your son is going to react when he finds out that his biological father is alive. He might react very badly when he finds out that everyone he loves has been lying to him for his entire life. I am not a therapist so I cannot address this potential problem.

From my experience in practicing family law for over 20 years, eventually someone is going to slip and he is going to find out about his father. I've seen tragic events happen to children -- especially when they are of middle school or high school age.

If your current husband ever applies for custody (guardianship is in probate court & is completely different that custody & you don't want to apply for guardianship) then the bio. dad will have to be notified even if he is in prison. Your son will have to come to court and appear in front of a judge and under oath testify that he wants his step-dad to have custody of him. An attorney will be appointed to represent his best interests & there will be a social study done of the family. I'm afraid that someone (judge, social worker, or an attorney on the case) is going to slip and mention his bio. dad. I predict a nightmare in your son's future if you hide this from him. He is only 5 so I'd do it now while he is little. It will only get harder as he gets older.

Please talk to someone soon.

Merry Christmas! Good luck!