Legal Question in Family Law in Texas
I married my husband mid-2011, we split 5 months later, after we found out I was pregnant. Have not heard from him in 3 years, he's not on birth certificate and my son has never met him. I want to finally file for divorce by posting/publication. Can I do this and ensure that rights are not given to him by default?
The split involved both of us leaving the home due to eviction, he left the state and I stayed with my parents in the same county of the marriage (TX). I have no idea where he is or have any contact info for him. My current boyfriend has intentions of adopting and marriage once divorce is over, would this factor help?
1 Answer from Attorneys
Since the child was born during the marriage then husband is the presumed father. If he disagrees, then DNA testing will be done.
You did not include your zip code so I cannot tell where you live and make a suggestion to you Look on this website and on www.avvo.com for an attorney.
Look for him on the internet - like facebook and other social media. The divorce is faster and cheaper if you can find him. If you cannot locate him then many judges will an appoint an attorney to protect his interests and you have to pay for it. The attorney will want his full legal name, date of birth and social security number to try to locate him.
It is irrelevant if your boyfriend is "fathering" this child or intends to adopt in the future.
Please hire an attorney to help you.
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