My question involves paternity law for the State of: Texas
My husband and I were separated for about 7 months - toward the end of that time he moved out of state. Once he was settled and both of us were working we were going to split the cost of the divorce and make a clean break. However, after he left I began dating someone who quickly proved to be quite unstable emotionally and pressuring me to move quickly, I distanced myself from that person and soon found of that I was pregnant. Later the man implied that he had purposely planned the pregnancy and went on to explain his want for a family because of the loss of a previous child and that he thought it would bring us together. None the less I cut all ties with him immediately, although he continued to aggressively pursue me through the entire pregnancy. He begged to be involved with the child once it was born, I reluctantly agreed (because of actions as well as his mental state and legal troubles) but it was all to be very closely monitored..meaning he could only see the child while I was present. He saw the child only a few times briefly and stopped visitation all together when I would not allow him to leave with the baby. (He had a revoked license, no place to live and unpaid parking tickets and a warrant out). As far as the divorce went, everything was put on hold because in Texas you can not finalize a divorce if the woman is pregnant. You have to wait until the child is born and paternity is determined.
To cut this long story short. He has not been seen or heard from the last year and a half and since my husband and I have made amends. He has been there since the birth of the child, considers him his own and wants full responsibility. He is legally the father since were never divorced but is not the biological father. No father was ever stated on the birth certificate. All that is needed to add him to the birth certificate and have the child take his name is a notarized application for a new birth certificate based on parentage and a copy of our marriage license.
My questions is...
If I do this and in the future the biological father decides to come back and fight for visitation rights can I face legal trouble? If so, what steps do I need to take to prevent any legal issues and rest easy that the biological father will not have ANY rights to the child?
Note* I no longer have contact with this man and have no idea where he is currently residing. The last I heard he was planning to move to another state.

