Legal Question in Family Law in Texas

The father of my unborn child is a pot head. I am two months away from giving birth, just graduated, and trying to start my career, and the father has not done anything for this child. He won't talk to me about this child, but after moving on and making my own plans for this child he has the gall to threaten to take me to court. He smokes pot a lot, his first child was taken by CPS, and he's had a lot of legal troubles. I really don't feel that he is seriously interested in this child, but I want to know what I need to do to protect myself from him. I don't want him on the birth certificate because I feel like he has done nothing to deserve to be on it. I also am not giving the child his last name for the same reason. What do I need to do to protect my child from a dead beat father, whom if he decides to take me to court, its only for the satisfaction of winning against me.

Asked on 7/21/13, 2:45 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Hire an experienced family law attorney immediately.

First, you don't need the stress during the last stages of your pregnancy.

Second, the attorney can explain TX parental rights to you in person.

I cannot tell what county you live in.

In order to be put on the birth certificate, DNA testing is usually required.

If he wants to have some "parental rights" then he needs to hire an attorney and file a lawsuit to establish is paternity. He will also be ordered to pay child support.

I hope that you are keeping copies of all of your pre-natal expenses, since a judge might order him to help pay for 1/2 of them. In Harris County, a judge ordered one man to pay 1/2 of the mother's pre-natal vitamins for example.

In the meantime, try to relax and enjoy your pregnancy. The baby deserves it.

If you want a referral, email me at [email protected] and if I know anyone if your county I will gladly refer you to a tough, smart attorney.

Happy pregnancy!

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Answered on 7/21/13, 10:39 am

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