Legal Question in Family Law in Texas
Okay here we go. The biological male of my son has not seen or had contact with him since the child was 1 and a few months, he is now 12, will be 13 in September. So we were never legally married there is no paternity order showing he is the father via DNA test, only his name on the birth certificate. Now my husband has been a real father to my son for almost 9 years. So I received a letter from the Tx attorny general office after them trying to serve the other person for years that he was served. I had previously requested the case be dropped to which I was told there was legal action against him so they could not dismiss the case. At this point I could care less about the money, don't need it and do not want it. I just want my son to be able to continue his life as it is with the only father he knows. My question is what is going to happen at this court hearing? If the biological male does not show up will they close the case then? If he does show up can I ask him to give up his rights and deny any support from him? I don't feel like he will since as far as I know he is in another state. Please help.
2 Answers from Attorneys
If your husband wants to adopt the child and if the father agrees to relinquish his rights, then there is a good chance that the court will allow a termination/adoption. Otherwise, it is not so likely.
If the father wants to begin to see the child, the court will likely let him after a progressive reunion (a little time at first, expanding to normal possession if all goes well).
You should get an attorney to help you. If the father owes money to the state or has used state services, then the attorney general will not want to let the case go until the state is fully reimbursed.
It looks like you live in Harris County, Texas.
You need your own attorney to represent YOUR INTERESTS!
It sounds like at some time you accessed federal or state money that the TX A G wants to be reimbursed. If you ever got WIC, or health insurance for your son, that is the money that the TX A G is after.
I agree with the other attorney.
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Good luck!
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