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  1. #1

    Default Child Not Mine, What to Do Now

    My question involves paternity law for the State of: Texas

    I had been with this girl for over two years! very quickly in the relationship, she got pregnant, i thought the child was mine, she claimed she had slept with no one else! I didnt use protection, i pulled out but i know that isnt full proof, so i assumed the child was mine and was there for everyting. Two years later, me an my girlfriend split up! my supposed child turned 1 march 27th 2012. in fear of being forced to pay child support, i without mothers permission, got a dna test done on the child! results came back and it turns out i am not the father! i confronted my ex and she admitted that she had slept with another guy in the beginning of our relationship, that guy is the biological father. my name is on the birth certificate, no dna test was done at the time cause i was misled into believing he was mine. what do i need to do in order to get my name off birth certificate and all my responsibilities toward the child waived? he has been proven to not be mine, i dont see any point in being financially responsible for a child that i have been misled to believe that he was mine, What do i do? please help!

  2. #2

    Default Re: Child Not Mine, What to Do Now

    What responsiblities do you currently HAVE? Are you paying court ordered child support?

    Under the recent TX legislation, you have until September 1, 2012, to challenge paternity, with ease. (After that date, having waited 2 years to take action will make it a more complicated process for you). Check the website for your local Clerk of Courts - look under the family law section. Most now have excellent information on how to bring a paternity case before the court. If you've already been ordered to pay child support and didn't challenge paternity at that time, it would behoove you to use an attorney to bring your case.

    For the benefit of other posters: if you have a child out of wedlock, do not ever ASSUME that a child is yours. Unlike married persons, where the child is AUTOMATICALLY assumed to be a product of the marriage, you are only on the hook for child support if either DNA points to you as the father, OR, if you willfully accept and acknowledge paternity. If you're going to accept a child as yours WITHOUT testing, you might as well be married to enjoy the legal protections and rights granted therein - rights which you otherwise DON'T get without brining a custody case in the family courts and which can take substantial time, money, and emotional toll when you are legally barred access to your child pending a court judgment.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3

    Default Re: Child Not Mine, What to Do Now

    I am not paying court ordered child support, I have been helping the child's mother out with his expenses! Once DNA results came in, I stopped paying! The childs mother has confessed that he had slept with the other guy! I was misled into believing I was the only person she had been with! Now I find out this wasn't the case! Would there be a way to sign over my rights with the mothers consent? If so would I any longer be responsible for the child that isn't mine! I know I wouldn't have any rights to him, but could I still be hit up for child support?

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