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In texas if a mother is trying to get a bio dads ...

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In texas if a mother is trying to get a bio dad''s rights taken away when paternity has not been established so that her husband can adopt him, can the bio dad get an atty appointed free of charge?
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
In general the bio dad has no legal rights until paternity has been established. A court appointed attorney would be appointed if he was a "party" to the cause of action. Since paternity has not been established, he is not considered the legal father. However, in adoption cases the bio dad will be notified if he registered as a putative father, in that case the judge may exercise its discretion to appoint an attorney, but typically he would need to retain his own private counsel.



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Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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Customer: replied 5 years ago.
Ok so since the bio dad has not registered with anyone that he may be the dad, then she should be able to have her husband adopt the child. If the bio dad is made aware of it and chooses to fight it, after 13 years of not paying child support and not ever seeign the child, he would have to pay for his own atty?
Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your reply.

Yes, it is possible for her husband to adopt the child since paternity has never been established. Bio dad has no legal rights until paternity has been established.

If dad becomes aware that the child might be his, he can "fight it". Whether he will have a winning chance depends on the situation, such as: Did bio dad ever have knowledge of the child, Did mom intentionally deny contact or knowledge of the fact. Since paternity has never been established, he is not legally obligated to pay child support.

If bio dad knew about the child but was never proactive in the child's life, then he would have a hard time stopping the adoption.

If he wants to fight it, he would need to retain his own lawyer. If he is low income he could qualify for legal aid representation, but if he owns a car or home, he may not be considered income eligible.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you

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