[lostintx]

<Slightly long story sorry in advance>

I have a 6yr old out-of-wedlock. I was involved with 2 differenet men around the same week. I became exclusive with 1 and discovered I was preg. After conceiving my child 3 weeks earlier than due I did think maybe it could be the other mans who I had been with prior. My bf knew that I was involved with another man right before we became exclusive but never talked about it. He signed the AOP and when my son was almost 2 he bailed. I took him for child support and he has paid $1100.00 since '04 and is in arreages of $9000.00 and hasn't seen my child since oct '04 his choice. I started a relationship again with the man I thought could be my childs bio-father (we have been together for 2 years). I told him it was his choice to take a paternity he chose not too even though he said my child looked just like his baby pics.

I got an attorney and decided to take my sons father to court for contempt-of-court (child support) and to ask for termination. He then sued me for not letting him see the child (he has no grounds for that since he never tried). During this time my bf decides hes going to take a paternity test to know the truth. Well we got the results and he is 99.9%the father. Now I have paid lots of money to retain my attorney and I dont know what to do seeing as the real bio-father wants my x-bf out of the picture.

I need some advice on what to do from here i have no money to ask for more attorney help?

[aaron]

The effect of the affidavit of parentage, and any subsequent remedies, depend upon state law. You chose not to tell us what state(s) laws are involved. As this matter is presently being litigated and you have a lawyer, consider asking your lawyer what, if anything, you can do.

[rmet4nzkx]

You need to start by telling your attorney the truth, forgive the arrearages and drop the contempt charges you filed against the man you falsely claimed to be the father so he can get on with his life. If you received state aid that will be a different story. Then you need to begin a complex paternity case against who you know to be the bio dad and seek your child support there. These laws vary by state so there is little else that can be said other than at some point you will have to explain to your child the truth re their fathers and they will ask questions and make assumptions. If you had done a paternity test 6 years ago or 2 years ago when you hooked up with this man again, you would not have spent so much on an attorney to seek money to which you were not entitled.

[rmet4nzkx]

If you live in Texas, then according to this article, the legal father has an unlimited time to disprove his paternity. http://www.canadiancrc.com/articles/...ud_12DEC02.htm

[aaron]

In Texas, with an acknowledgement of paternity, signed by an adult, the person signing the acknowledgement appears to have four years from the date of signing to challenge paternity on the basis of DNA testing.

Sec. 160.307. Proceeding For Rescission.

A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of:

(1) the 60th day after the effective date of the acknowledgment or denial, as provided by Section 160.304; or

(2) the date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes child support.

Sec. 160.308. Challenge After Expiration Of Period For Rescission.

(a) After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. The proceeding must be commenced before the fourth anniversary of the date the acknowledgment or denial is filed with the bureau of vital statistics unless the signatory was a minor on the date the signatory executed the acknowledgment or denial. If the signatory was a minor on the date the signatory executed the acknowledgment or denial, the proceeding must be commenced before the earlier of the fourth anniversary of the date of:

(1) the signatory’s 18th birthday; or

(2) the removal of the signatory’s disabilities of minority by court order, marriage, or by other operation of law.

(b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

(c) Notwithstanding any other provision of this chapter, a collateral attack on an acknowledgment of paternity signed under this chapter may not be maintained after the fourth anniversary of the date the acknowledgment of paternity is filed with the bureau of vital statistics unless the signatory was a minor on the date the signatory executed the acknowledgment. If the signatory was a minor on the date the signatory executed the acknowledgment, a collateral attack on the acknowledgment of paternity may not be maintained after the earlier of the fourth anniversary of the date of:

(1) the signatory’s 18th birthday; or

(2) the removal of the signatory’s disabilities of minority by court order, marriage, or by other operation of law.

(d) For purposes of Subsection (a), evidence that, based on genetic testing, the man who is the signatory of an acknowledgement of paternity is not rebuttably identified as the father of a child in accordance with Section 160.505 constitutes a material mistake of fact.

It probably continues to be possible to set aside the affidavit by consent, particularly where the actual biological father is willing to acknowledge paternity.