I have a 13 year old daughter who I have raised and supported entirely by myself. I am currently facing additional financial support for my mother who is in poor health. Consequently I have initiated a paternity action against "G", the man I believe to be her biological daughter. It's a long story (in which I truly am not the "bad guy"), but here are the facts. 11/91 I married "H" in Texas and we moved to Boston. 2/92 I left "H" and returned to Texas intending to file divorce when I could afford it. 5/92 "H" briefly came to Texas to unsuccessfully attempt reconciliation, then "H" returned to Boston. 7/4/92 I met "G" in a bar and we had unprotected sex. 7/5/92 I met "T" in the same bar and we had sex, but took precautions to prevent pregnancy. I did not engage in any sex again for at least three years after the birth of my daughter 3/25/93. There is no doubt that her conception occurred on the weekend of 7/4/92, so her possible father can only be "G" or "T" with "G" being more probable. "G" was made aware of this probability prior to her birth. I was never able to inform "T" and only know his first name.
"H" and I filed a joint petition for divorce in Massachusetts in 9/92 which was granted by the court 12/92 with full disclosure of my pregnancy and admission that "H" was not the father. All divorce documentation indicates that we stopped living together in 2/92. No one is named as father on my daughter's birth certificate and she and I legally use my maiden last name. No one has ever acknowledged nor been adjudicated as my daughter's father. Neither I nor "H" have ever considered him to be her father nor has he ever held himself out to be such...in fact he's never even met her.
"G" is now very wealthy. "G"'s attorney is attempting to exempt him from the paternity action by using the Texas statute that limits a paternity action to 4 years from birth when there is a presumed father. I believe the same statute also excludes this case from the statute limitation because "H" and I were not living together at the time of conception. (In fact, we filed the joint petition in Massachusetts because Texas would not allow divorce until the child was born, despite our mutual agreement that "H" was not the father). The TAG office moves very slowly, and is still in the assessment stage of the process but has indicated they probably agree with me.
My questions are: Which position do you agree with? Do you believe "H"'s visit in 5/92 can be used to "G"'s advantage in forever excusing himself from any obligation to my daughter? If I am successful in obtaining an order for paternity testing, and it is found to exclude "G" as the father, do you believe a court would award him attorneys' fees as his attorney has threatened to demand of me? Also, since "G" has had a standing invitation to participate in my daughter's life, but has refused to do so, I don't expect him to change even if ordered to acknowledge and pay support. However, he has never disclosed the possibility of her existence to his parents or his daughter who is now 24 years old. My daughter would like to know her extended family. If a court adjudicates him as my daughter's biological father, is there anything that legally obligates him to inform his family? Can he restrain my daughter or I from contacting them? His attorney has already threatened to sue if I tell anyone at this time.
Your opinions is very welcome.....I'd like to be able to sleep a little until this is over.