Legal Question in Family Law in Texas

My son who is possibly the father of his girlfriends baby and she is still married, the girlfriend wants to give up their baby for adoption. What are my son's rights in texas.


Asked on 6/24/14, 5:56 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

If he is the father, the adoption could not occur without his consent. Within a limited period of time after the child's birth, if he is not declared the father, he could file a paternity suit and if he his the father he could file a suit affecting the parent child relationship which would deal the issue of child custody and child support. As there is a presumption that the husband of a married woman is the father of her children, it is likely that he would have to file a paternity suit to have rights to the child.

He needs a family law attorney to assist him with this.

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Answered on 6/24/14, 6:11 am
Fran Brochstein Attorney & Mediator

I agree with Attorney Engelke.

Before the baby is born he can file a document with the State of Texas Bureau of Vital Statistics (I think) that states that he thinks that he will be the bio father of a baby that is about to be born in Texas. Not many people do this but there is such a form to protect men from having their rights terminated without notice to them.

He probably needs to hire an attorney to know all of his options.

www.familylaw4u.com

713-847-6000

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Answered on 6/24/14, 8:50 am


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