Quoting springmom
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Ok Im here cause I got myself in a situation I can not handle no more. I hope I can be directed to the correct direction as what to do.
This started almost 7 years ago. I got pregnant from this guy we will call Bob. I never told Bob I was pregnant so he never knew until now. My now husband gave my son (Bob's kid) his last name since birth. My husband is listed on the birth certificate as his biological father and he did sign acknowledgement of paternity. Well Bob now whats my son to have his last name and all that comes with it. If we go to court, what may be the outcome? Can he get away by giving my son his last name? Will he have to pay child support. What about visitation? Bob never signed away his parental rights as I never told him I was pregnant. My husband is behind me 100%. Bob still lives at home with his parents and makes ok in income and is over 30 yrs old.
Can someone help me?
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FAMILY CODE
CHAPTER 160. UNIFORM PARENTAGE ACT
Sec.160.102.(5)"Determination of parentage" means the
establishment of the parent-child relationship by the signing of a
valid acknowledgment of paternity under Subchapter D or by an
adjudication by a court.
(13)"Presumed father" means a man who, by operation
of law under Section 160.204, is recognized as the father of a child
until that status is rebutted or confirmed in a judicial
proceeding.
Sec.160.204.AAPRESUMPTION 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;
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;
SUBCHAPTER G. PROCEEDING TO ADJUDICATE PARENTAGE
Sec.160.601.APROCEEDING AUTHORIZED; RULES OF PROCEDURE.
AASubject to Subchapter D and Sections 160.607 and 160.609 and
except as provided by Subsection (b), a proceeding to adjudicate
parentage may be maintained by:
(1)the child;
(2)the mother of the child;
(3)a man whose paternity of the child is to be
adjudicated;
(4)the support enforcement agency or another
government agency authorized by other law;
(5)an authorized adoption agency or licensed
child-placing agency;
(6)a representative authorized by law to act for an
individual who would otherwise be entitled to maintain a proceeding
but who is deceased, is incapacitated, or is a minor;
(7)a person related within the second degree by
consanguinity to the mother of the child, if the mother is deceased;
or
(8)a person who is an intended parent.
Sec.A160.607.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.
IT IS DEADLINE.
(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.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001. Amended by Acts 2003, 78th Leg., ch. 1248, Sec. 4, eff. Sept.
1, 2003.
Let me say BOB
does not have standing for paternity action if you and your husband are still married even the child is under four years of age.
Biological Father Wants Parental Rights In Texas
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