Legal Question in Family Law in Texas

Re: What is my ex-boyfriends rights as a fauther?

He needs to file a lawsuit (suit establish voluntary paternity) to ask a court to determine him to be the father.

When finalized, the court will order him to carry the kid on his health insurance and pay child support. He will also get visitation. Usually visitation with a baby under 3 can be limited to short, frequent visits. However, some people agree to other visitation schedules and usually the court will approve them if they are agreed to by both parties.

If you think there is a possibility of him NOT being the father, ask the court to order a DNA test. It's easy - a swab from each person's mouth. It is expensive - several hundred dollars.

Since you are his primary caregiver, he would have to prove you to be unfit -- arrests, alcohol or drug abuse, DWI's, anything that shows you are irresponsible. Of course, his past would be considered too.

I don't worry too much about one party threatening to ask for custody -- it's a very common threat. It is used to scare you. Don't be scared hire an attorney and make the father talk to your attorney!

Name change for a baby - usually for such a small baby the father gets the name change.

He would have to ask the court to order a new birth certificate with his name appearing as the father.

If he is not on the birth certificate, then he has no more rights to him than a stranger.

If you allow him to see the child, you risk the chance of kidnapping. The baby is too little to protect himself.

You really need to hire a local attorney and learn all the facts about your rights and the father's rights.

Good luck!