Absent Parent Question

[jttbnw]

What is the name of your state? TX

My daughter is 9 years old. The last contact with her Bio-Father was 7 years ago. So there has not been a relationship established.

My question is if he were to show up at my doorstep do I have the right to turn him away?

The bio father and I were never married, but she does have his last name. I never took him to court for any kind of child support nor to set up any kind of visitation or anything to that matter.

I know he is her bio father with some form of rights, but can I keep him from just showing up unannounced and "surprising" my daughter?

I am remarried and my husband of 5 years would love to adopt her, but that cannot be done without him terminating his rights, and I have this feeling that would not let that happen. Being, I just received a letter from him after all these years as what he needs to do see his daughter. I did a public search on him and found that he has a criminal record a mile long.

Some form of legal advice would be appreciated.

jttbnw

 

[tigger22472]

Ok.. So are you saying there isn't even a custody order in place? EWWW...

I hope someone else comes along because in some states(I'm not sure tx is one of them) signing the BC establishes paternity which may mean he has legally as many rights as you do. NOW.. can you refuse him to see her if he shows up at the door? Yes, because no visitation has been set... However, I'm not sure you can't stop him from seeing her go down the street and taking her with him.

As far as the adoption however you WEREN'T in as bad as a spot as you think until recently. I am in the middle of a TPR and step-parent adoption now. If you would of filed for the adoption and showed he'd had no contact but yet was able to at the very most a certified letter would be sent to bio-dad's last known address. He would have 30 days from the time of notice... even if it's in a newspaper to contest. However once it is filed the contact by bio-dad does not go against you as far as all the time he wasn't in contact. (did that make sense?) He could of contested it all he wanted.. however ultimately it's up to a judge and the welfare department regardless of what sob story he tells the court. BUT... he's contacted and it looks like you might have to face this head on.

You need to get your butt in court, and get custody established. If he fights for visition... you fight for supervised and you also fight for child support.

 

[oberauerdorf]

I hope someone else comes along because in some states(I'm not sure tx is one of them) signing the BC establishes paternity which may mean he has legally as many rights as you do.

Under Texas law, a child born to a man and woman who are not married has no legal father. There is a difference between a biological father and a legal father. When the child's parents complete an Acknowledgment of Paternity (AOP) to establish legal fatherhood, this helps to secure the legal rights of the child.

Once paternity has been established, the father's name is placed on the birth certificate. A court can order him to pay child support and grant him the right to visitation or possession of his child.


So, you need to contact the hospital and/or bureau of vital statistics to find out if and when the AOP was signed and if it meets the legal requirements established in Texas.

 

[tigger22472]

Under Texas law, a child born to a man and woman who are not married has no legal father. There is a difference between a biological father and a legal father. When the child's parents complete an Acknowledgment of Paternity (AOP) to establish legal fatherhood, this helps to secure the legal rights of the child.

Once paternity has been established, the father's name is placed on the birth certificate. A court can order him to pay child support and grant him the right to visitation or possession of his child.


So, you need to contact the hospital and/or bureau of vital statistics to find out if and when the AOP was signed and if it meets the legal requirements established in Texas.

Interesting Mr OBI WAN! So, if I understood you and the OP correctly then I would have to say that paternity has been established otherwise bio-dad's name couldn't of been on the BC ... correct?

 

[jlc614]

Definatley get custody estalished. I was in the same situation except for the BF showing up. I have always had sole custody of my son but his BF had visitation (my idea....my stupid idea) The order was established when my son was 2 months old and the following month the BF moved to TN( I am in NY) After 2 years of no contact I went back to court and the judge removed his visitation. It is not that I would try and keep him away from establishing a relationship with my son but I didn't want him just showing up and saying I'm taking him it's my time. My son will be 6 in Aug and I have heard from the BF once and then he never showed to see him. Good Luck. Go to court and establish custody.

 

[oberauerdorf]

Well Tig, since that came from the Texas Attorney General Opinion Brief then the $64,000 question is, "Did the hospital error and allow the parents to sign the BC without a AOP or was the AOP signed BEFORE the BC and the OP forgot about it?"

Don't you just love all those Initials

 

[jttbnw]

In the state of Texas the AOP did not become a legal document until 1999, and before that time I believe that the signing of the certificate was the legal form of establishing paternity. But I could be wrong.

I do know he did not sign that form. It was not required.

 

[oberauerdorf]

Then what is your next move?

 

[tigger22472]

Yeah it's like speaking in code sometimes... I have to remember when I'm talking about my BIL to a IRL person or someone not computer savy to write it all out.

 

[jttbnw]

I guess my next move would be to get full custody established like tigger22472 said. I just want to have to drag my 9-year through all of this.

Would she have to go to court as well? If he were to show up to set some sort of visitation?

 

[tigger22472]

NO.. your child doesn't go unless the judge tells you to bring her and that's ONLY if HE files for visitation... Judges don't like children to be a part of things. If the judge wants to see what she thinks he/she will let you know in advance and it most probably won't be done in open court.

 

[jttbnw]

Just curious, but what are BIL and IRL initials short for?

 

[tigger22472]

just courious, but what do BIL and IRL initials short for?

BIL is brother in law so you could figure out SIL, MIL, FIL.. etc..

IRL is "In real life"