Legal Question in Family Law in Texas

Giving up rights

I just found out that I might have a child that is 4 years old. I was never told that this child might be mine. I had a one night affair with a woman. (I'm married and have 1 child with my wife) This women was married to a man, but was seperated. She was at the time living with another man and had been with him for about 6 years. (they also have a child together). However, they are no longer together, but she is now engaged to someone else and is getting married in a few months.

My question is...........Can I sign over my rights to the child, if she turns out to be mine. And will I then be expected to pay child support? (we live in Texas) Also, all this time the man she was living with has thought this child was his, the child has his last name, and calls him DAD!! His name is on the childs birth certificate.

Neither him or I knew any different until she left him and is going after him for child support.

I even believe this other man is willing to adopt her as his own.


Asked on 8/25/04, 6:59 pm

1 Answer from Attorneys
Betsy Lambeth Betsy F. Lambeth

Re: Giving up rights

Yes, you can give up your rights to the child. But if the mother does not agree then you cannot do it unilaterally. However, if the mother will not agree I would suggest that you and the man that she calls dad, get together and file a petition requesting termination of your rights and adoption by him. HE is the true father if that is all this little girl has ever known.

Best wishes.

Betsy F. Lambeth, [email protected]

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Answered on 8/26/04, 10:01 pm


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