Wrong Person Named As The Father - Do I Have Any Rights?

[SUPARIG]

ok heres the situation....

last year (march) i had a 3 month fling with a girl who was broken up with her boyfriend at the time though he knew about us.

they decided to work things out...but she had not had her period that same month so i told them to take a pregnacy test and tell me the results.

they took it and he called sayin it was negiative....me and her had a few more dates before i cut it off completely.

its now1 months later i see her on myspace and she has a picture of a baby that looks just like me (side note the girl and i are african american and her boyfriend is caucian) she had the baby in january and its 4 months now.

so i send a note asking her if its mine....and she admits that they lied about the test results and decided not to tell me that she was pregnant.

when the baby came out they new it wasnt his ( the baby is not mixed at all and looks like me) but they put his name on the birth certicate anyway....

so now me and her have been talkin and we want to get my name last name on the babys birth certificate and EVERYBODY including him knows its mines but...he is very unstable and my try to run away with the baby...even her mother fears he may do so....

so how could we go about getting me my rights in a legal way without him involved? im goin to see a lwayer next week in my area (san antonio Texas) also but do i have any rights as of now?

how will i have to go about getting my custady?

can he leave with the baby since his name is on the birth certificate?

she wants me in the babys life but he dosnt at all...and shes scared to tell him in fear what he will do.

so whats the legal way to take care of this without risking him running away with the baby?

[jk]

you will have to go to court to establish paternity. The attorney will take you through the process.

btw; don't you watch Maury? Do you realize how many times a mom claims the child she is searching for the daddy claims the possible daddy looks like the child or if trying to refute paternity, the daddy claims no common traits.

Did you see the couple that had one black child and one white child (twins).

Unless DNA establishes paternity, you are guessing, which is useless in court.

and yes, if the dad wants to leave with the child, unless there is some court order preventing such, it is his child and can act as such.

there are some laws that would be of concern but generally he is the father and gets to act as such.

as of now you have absolutely NO rights. Until you can ask the court to require DNA testing, you are simply another guy on the street.

If what you state is true, when you talk with the attorney, ask him what can be done. I suspect the courts could order a temp injunction ordering the other dad to not leave the area with the child. It would be up to the courts to decide if your request has merit or not.

[SUPARIG]

thanks alot for the info...he knows for a fact it inst his cause they wernet having sex at the time by the way..they took counceling after they found out they she was pregnant and mad a "pact" that i never found out. but we are goin to take the partinrty test friday so hopefully we can get everything taken care of.

[jk]

that would be a good first step.

Do not take any actions even though you presume you are the father until that test comes back proving it. Until then, you are not the father and would be treated as an interloper with no legal standing.