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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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  #1  
Old 01-11-2008, 11:09 AM
g-ma g-ma is offline
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Default DNA Test Shows That I'm Not The Father - What Is The Next Step
We live in Texas. My girlfriend got pregnant while I was in college. After I finished the semester, we moved in together and continued to live together until our son was 2. Shortly after his birthday, she moved out and went to live with another guy. I see my son every other week and pay for some of the childcare and expenses. I have him on my insurance.
My name is on the birth certificate, I had no reason to doubt he was mine, until people who know her suggested otherwise. I had a paternity test done and the results just came in. He is not mine. What do I do now. I haven't told my ex. Do I have any rights?
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Old 01-11-2008, 11:14 AM
panther10758
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Default Re: What Is The Next Step
You will need to consult a Family law Attorney and see what the process is (if any) to disestablish yourself as Father. Tha tmay be tough as for last two years the child has known you as Dad. Far as support and medical insurance again discuss what can or should be done with a Family Law Attorney
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Old 01-11-2008, 11:30 AM
aaron aaron is offline
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Default Re: What Is The Next Step
It's been more than 60 days, so you don't have an automatic right to set aside the acknowledgment of paternity. Your rights appear to be defined by the following statutes:
Quoting Texas Family Code
§ 160.204. Presumption of Paternity.
(a) A man is presumed to be the father of a child if:
(1) he is married to the mother of the child and the child is born during the marriage;

(2) he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(3) he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(4) he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
(A) the assertion is in a record filed with the bureau of vital statistics;

(B) he is voluntarily named as the child ’s father on the child ’s birth certificate; or

(C) he promised in a record to support the child as his own; or
(5) during the first two years of the child ’s life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.
(b) A presumption of paternity established under this section may be rebutted only by:
(1) an adjudication under Subchapter G; or

(2) the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by Section 160.305.
§ 160.607. Time Limitation: Child Having Presumed Father.

(a) Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than the fourth anniversary of the date of the birth of the child.

(b) A proceeding seeking to disprove the father-child relationship between a child and the child ’s presumed father may be maintained at any time if the court determines that:
(1) the presumed father and the mother of the child did not live together or engage in sexual intercourse with each other during the probable time of conception; and

(2) the presumed father never represented to others that the child was his own.
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Old 01-13-2008, 03:45 PM
JessikaJ3 JessikaJ3 is offline
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Default Re: DNA Test Shows That I'm Not The Father - What Is The Next Step
Could you please post those same laws for the state of New Mexico?????? or tell me where you get it from?
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