Legal Question in Family Law in Texas

Re: Not my husbands bilogical child

The bio father has all the rights any father has. He must first be adjudicated the child's father. If he signs an acknowledge of paternity then he is lawfully adjudicated. Since the birth certificate is a government document I would not lie and put someone elses name as father. Make new babies father pay support and act like a father or terminate his rights either way hire an attorney this is a very delicate situation.

Re: Not my husbands bilogical child

Below is an except from caselaw on this subject:

In Texas, a child born to a married woman living with her husband is presumed to be a child of the marriage. See Tex. Fam. Code Ann. � 160.204(a)(1) (Vernon Supp. 2004-05). A "presumed father" is, by operation of law under section 160.204, "recognized as the father of the child until that status is rebutted or confirmed in a judicial proceeding." Tex. Fam. Code Ann. � 160.102(13) (Vernon 2002). This presumption may only be rebutted by (1) a proceeding to adjudicate parentage, or (2) the filing of a valid denial of paternity by the presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity. See Tex. Fam. Code Ann. � 160.204(b) (Vernon Supp. 2004-05). When, as here, there is a presumed father, a proceeding to adjudicate parentage must be commenced "not later than the fourth anniversary of the date of the birth of the child." Tex. Fam. Code Ann. �160.607(a) (Vernon Supp. 2004-05).(fn1)

If sometime before the child's 4th birthday the bio dad changes his mind, he can file with the court as the real parent. If you want to avoid that, have him terminate his parental rights NOW, and have your husband adopt the child.