Legal Question in Family Law in Texas

I am 20 years old, four months pregnant, and living in Texas. The father of my child has made it clear that he does not want to be a part of his or her life and will not be at the birth. I have not spoken to him in over a month, and have no plans to until at least after I give birth. I am 100% sure that he is the biological father. I do not have plans to file for child support.

Should I put his name on the birth certificate?

If I do, could he change his mind and get partial custody of the child?

Could he voluntarily relinquish his parental rights without someone else adopting the child?

Can or will child support be filed by the state or anyone else?

Will any of the above affect me being able to get on medicaid and other welfare?


Asked on 10/16/11, 5:48 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

If he is the father then he can get his parental rights whether or not his name is on the birth certificate. In addition,k the paternity suit to get a court order for that would be expensive for both of you.

He could relinquish, but many judges will not accept that if there is no other parent ready to adopt.

Child support can be filed by the state, most likely if you apply for any form of government assistance (such as medicaid or other welfare). They will not care whether you want child support; they will demand it to relieve the state of that obligation. If they get the child support you might no longer qualify for the benefits.

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Answered on 10/17/11, 3:23 pm


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