Legal Question in Family Law in Texas
I have an atty general hearing soon at which time my child's father will waive his right to a paternity test & move directly to acknowledge paternity. The father lives out of state and has only seen the child twice, last time more than a year ago. The child is 2. I provide the father with email updates, pics, videos, etc of the child, but he doesn't show a lot of interest otherwise. For example, if I don't send an email for several weeks eventually he will reach out with and ask "How are you two doing?" He asks no substantive questions about the child's upbringing nor does he share any information about himself. I'm worried about him being granted significant parenting time. The child was conceived as a result of a one night, largely anonymous encounter so I know very little of him besides what I've found on social media. In fact, we had been in contact for several months after I notified him of the child when I asked if he knew my name. He said he did not. It is completely strange to me that he acknowledged the child was his, but did not think to ever ask my name after we had been in contact.
My concerns are:
1) I'm uncomfortable with sending my child for out of state visits with a stranger who has other male roommates (dad has criminal Hx - stalking, assault w/injury, harassment but charges were 10+ yrs ago; unaware of background for his roommates).
2) Father has 2 other children with 2 other mothers. He has not seen either of those children in more than a year also; I'm unaware if he keeps in touch with them by email, telephone, etc. Do the visitation arrangements in those cases factor in my child's case? If he doesn't see those other 2 children because a court found he shouldn't have access to them will the same consideration be given to my child?
3) The father currently lives out of state, but he has mentioned that he may move back to TX. Can I expect from the AG hearing that child visitation be determined based on where he currently lives? Or, will we also have to negotiate visitation in the event that he moves back to TX at some unknown future date?
4) I did not notify the father of the child's birth until the child was 8 months old. Will the father have to pay retro support from the child's birth?
2 Answers from Attorneys
Your concerns are valid ones. In fact, the few facts you provide indicate that at a minimum, dad should have his visitation stair-stepped, and possibly restricted. In fact, it may be agreeable to 'dad' and acceptable to you, to terminate his parental rights. Bluntly, the AG does not get involved in either process. Their goal is solely and simply to collect child support. If you are at all able, you need to at least pay a consultation fee to a family lawyer in your county, to discuss the options. You might prefer to put the lid back on this can of worms.
You desperately need a lawyer immediately. Look on this website & on www.avvo.com for an attorney in your county. I do not recommend trying to handle this matter without an attorney at your side.
I agree with Theresa Langford.
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