Legal Question in Family Law in Texas
My fiance and I just had a son that is not biologically his. He was aware that this child was not biologically his and wanted us to go ahead and have the child and get married and raise it as his own. He was with me from week 2 of pregnancy until 3 months after birth. He signed the AOP at the hospital waiving paternity test. He now wants to change his story and abandon me and the child because being a father is too much. I do not know if I have any rights in collecting some sort of support in this situation. I can't help but feel like he trapped me.
1 Answer from Attorneys
What he tried to do was this: he tried to adopt the child through an AOP. This isn't legal. The biological father may show up (next week, or next year) and claim his parental rights.
In order to get child support, you would file a paternity suit, and your fiance would ask for paternity tests, which would come back negative, and that would be the end of the story.