On the issue of the bio-father’s rights, paternity testing can be compelled by the court under these circumstances, if bio-dad or you request the test. He may also ask to have his name on the child, and that request will most likely be granted by the court. This is an old Texas common law rule that the father has a protectable interest in the child bearing his surname. In re Baird, 610 S.W.2d 252 (Tex. Civ. App. — Fort Worth 1980, no writ). You could ask that the child’s name be hyphenated with yours, or request that the father’s name be a middle name, but these requests would be at the judge’s discretion. He may request to have access to the child and a regular visitation schedule. He would have access to medical and educational records of the child. He would have the right to direct the religious training of the child while in his possession. These are a few of the rights a biological father may be awarded.

Call 214-373-9292 or contact us to discuss your concerns.

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