Legal Question in Family Law in Texas
Hello- I am married and have three children. My oldest daughter is 3 yrs old.When i was 5 months pregnant her biological father knowingly abandoned me. never tried to see if the baby was ok or never tried supporting the baby before or after her birth. I did have a phone number to reach him and he had mine as well.When she was born- the day i came home with her i called him and spoke with him letting him know how much she weighed and how long she was and told him he waswelcome to come see her all he needed to do is just call beforehand to make sure we were home.I stayed at the same address before and 3 months after her birth. He knew where my mother lived and everything and still made not one effort to have anything to with her. I got with my current husband when she was 3 months old and from then to now he has been supporting her both financially and physically. She knows my husband as her daddy and his family as hers. My husband and i are still together but now my daughters biological father is trying to come into her life. What right does he have since he knowingly abandoned me when i was pregnant. Her biological father has always had a drug problem as well as a drinking problem and thats why i broke things off with him plus he couldnt keep a regular job he is also a hs dropout. What can i do because im scarred about what will happen with my daughter if all the sudden a stranger comes in and says hes her daddy.Please help me with any info I would really appreciate it.oh i almost forgot when she was born i didnt put anybodys name for the father on the birth certificate i left it blank and she got my maiden last name.
1 Answer from Attorneys
Unless there has been a court order that establishes paternity, the biological father has no legal rights whatsoever, even if you KNOW that he's the father - he is a stranger to the child. He has no more legal claim to her than I do.
You have the right to keep him out of her life - just the same as if a stranger off the street showed up and said "Hey, I'd like to establish a relationship with your three-year-old daughter." You owe him NOTHING.
You should file a petition to terminate his parental rights. In the alternative, file a paternity suit - if he wants to be a Daddy, make him feel like a REAL father by establishing a child support order. Nothing makes a man feel more like a father than seeing 20% of his net income vanish from his paycheck every month for 18 years.
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