Can a non- biological father get custody of a child, Hes on birth certificate & child has his last name?

Asked over 4 years ago - Houston, TX

First of, This is how it happened... I got pregnant by this guy that i was with (whos a complete loser & druggy &just got out of prison) When i found out i was pregnant i left him & meet someone else who was there the whole pregnancy an signed the birth cert & my son has his last name. My son is going to be 3 this month. The relationship isnt working out, An im fixin to leave! He is threating to take me to court an take my son from me! He is a drunk i'll add. An has been abusive mentally & phiscally. Does he have any rights to my son? Will he have to pay child support? He did sign the birth cert. But he is not the father & he knows that when he signed. I know who the father is an he has nothing to do with my son.
Thanks!!

Additional information

I never said that i wanted to take him away from him completly! I said does he have any rights to him, Cause he is threatning to take him from me! An his biological father is not in the picture because he chose not to be an because i wont allow my son to be around that! So he really has nothing to do with it,Im not trying to hurt my son in anyway, But how is it good or safe for him to be in an enviroment of abuse? His dad will always be his dad in my eyes an in my sons cause he is all hes ever known, But i will not put my son in the position to be abused or to think that what his father is doing is ok in anyway! He has really don nothing but support him finanically! He is uaually at the bar & when he is home hes so drunk he cant even have a conversation with a 3yr old. So again my question was does he have the right to be able to take him from me? I dont want to take him away from his dad!!

Attorney answers (2)

  1. Fran Brochstein

    Contributor Level 18

    Answered . You need to talk to a family law attorney immediately.

    As far as anyone knows this is the father of this child. He is on the birth certificate!

    This man has been acting as the father of this child.
    This child thinks he is the father of this child.
    Now that you are leaving, now you want to hurt your child by taking away the only father he has every known?
    How is this going to help your son?
    Don't you realize the damage that you are going to do to your son by taking away the only father he has every known?

    And the "real" bio. father of this child - in your own words -- is a complete loser and drug addict and ex-prisoner. You want to bring this guy into his life?

    You really need to sit down with an attorney and discuss this matter.

    You get to choose between dad #1 and dad #2.

    The court is going to make you pick one of them.

    You don't get to choose "neither".

    Sorry!

  2. Paul Dennis Staley

    Contributor Level 9

    1

    Best Answer
    chosen by asker

    Answered . This is a very state-specific question, so I'm just going to spill how it would happen in California. Keep in mind, you are absolutely going to have to get legal advice from a Texas attorney, since that's where you and the child are, and where the litigation, if any, is going to happen.

    Paternity carries with it a duty of support, and a right to appropriate custody and visitation orders. Here, the whole legal issue of whether the husband can claim paternity depends on whether he takes some action to DISCLAIM paternity before the child turns two years old. I have no idea whether Texas has such a law or, if it does, what the age of the child is where the husband becomes the "presumed" father of the child.

    One conclusion is likely to be uniform among the states: if the man isn't the "legal" father, he has neither an obligation to pay support nor the right to have any custody or visitation orders regarding the child.

    The absence of a biological relationship between a man and a child does not mean, under California law at least, that there is no LEGAL relationship. You've got an important homework assignment to do, I think, and that involves talking to a good Texas family law lawyer.

    NOTE: Nothing in this answer is, or is intended to be, legal advice to the reader, or to anyone else. No attorney-client relationship is created here.

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