Here's my story- I'm common law with my husband for 8 years in Texas, a little over 5 yrs ago we had troubles and I became pregnant from another man. The guy didn't want anything to do with me or baby, he was aware I was preg, my due date, but I never heard from him again. I never moved or anything. Husband and I worked things out and we kept the baby. We have had problems sighning the AOP (we left the hospital before sighning the papers-we didn't know) so we went and got the forms immediately had them notarized sent them off for it to come back as the app was expired-since we have sent off FOUR apps for the AOP-the state has dropped the ball sending all back but not giving a reason-just says was incorrectly filled out. Long story short my son has my husband's last name but he is not listed on his birth cert-it's blank on the father section. We have a happy family with other children, our son is almost 5 yrs old, and I ran into the "guy" and he saw my son and now wants to be apart of his life. My husband and I are devastated, it's tearing up our family. Is there anything we can do? The guy has expressed he wants my son's name changed and visitation but does not want to pay the min child support or go to court at all-he just wants to pay whatever amount he sees fit under the table. Do we go ahead and file another AOP?-we will go to Austin or to a lawyer to do this to make sure it's done correctly. Can I refuse the biofather, is that legal? I read somewhere there was a 4 yr statute on this? It's just not in our son's best interest, the guy is a flake (no doubt) doesn't think our son even deserves support, when I asked for us to atleast go to court and go about everything the legal way, he cussed me out. I do not want to just ignore it thinking it will go away he could make trouble in the future not to mention damage our son mentally. Thanks in advance!
Edited to add:
We were really not sure of who the biofather was at the time my son was born and when I was preg-the dates were too close. Now we can see my husband is more than likely not his father. My husband and I really didn't think we needed a DNA test back then, now we feel too much time has passed.