Legal Question in Family Law in Texas

I will respond only in part, and hypothetically, as I do not know you nor have I seen any of your documents:

1) If you both live in Texas, you can proceed with the divorce in Texas.

If your wife lives outside of Texas, the suit really needs to be brought in the state where she lives with the children, and not in Texas, unless she has already filed an answer to the divorce petition you allegedly served.

2) *** However, you have a BIG MESS on your hands, because legally, since you are still married to your wife, both of those children that she had with the boyfriend are LEGALLY your children and must be included in your divorce proceedings and the court must be told that they were born (one about to be born) and that they are not biologically your children, so that the court can eventually enter orders legitimizing those children as to biologically being the other man's children. In fact, you may end up owing child support for all three children, as they are all legally yours, if this is not fixed correctly and you cannot lie to the court regarding the other two children and not tell them.

3) Next, your lawyer will need to re-plead and amend your petition.

4) ** Further, the other man will need to intervene into your divorce and he will need a lawyer.

5) ** Next, as to relinquishing or terminating your parental rights to your daughter, it is a final action and cannot be reversed after the order becomes final. Therefore, think through this decision before proceeding, and even if you decide to go forward with termination, the court may find that it is not in the child's best interest to terminate your rights.

However, if a parent has not seen a child in 5 years and does not want to, the court will usually allow the termination of that parent's rights if both parties agree.

6) *** The particulars of this divorce and relinquishing rights to your child will be a VERY time consuming and tedious process as there is a LOT to be done, which means attorneys fees for several months, However, if you both agree to the termination, and if you both agree to the divorce, and if the other man agrees in his intervention, it will save you all some legal expense and some legal fees.

7) *** Lastly, YOU NEED TO HIRE A LAWYER and a GOOD one !! One who knows the law and who can handle this type of case. I would suggest you contact our Dallas law firm.

Goldstein & Scopellite, PC has qualified divorce attorneys, family law lawyers and child custody attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.