[bjmerrell]

My question involves paternity law for the State of: Texas. Four years ago, I was told by the mother that I was the father of her child. He is now 10. She was single and just out of a relationship when we met. I didn't see or hear from her for 7 years. She said that she went back to the boyfriend and they both decided they'd raise it like it was their own. When I found out, I began visiting attorneys and quickly realized that the statute of limitations had ran out on contesting paternity due to the child's age at notification. The mother died last year. I hired an attorney who notified me of a loophole that allowed paternity to be contested. DNA has since established that I am the father. We have temporary joint custody of him now. Should I be able to get full custody with the other man having no rights or visitation? CPS has been involved extensively with the kids because of drug use/abuse and child neglect. This man has been in and out of their lives until the mother's death. What is paternity fraud and can it help my case? Any suggestions as to where to go from here? I have a wonderful attorney, but am simply looking for acknowledgment that we are headed in the right direction and taking the correct approach. Call it double affirmation!.

[Mr. Knowitall]

If the situation in the other home is as horrible as you suggest, why wouldn't we expect a court to grant you custody? (It's really hard to predict outcomes in custody cases when we only have one side of the story.)

[bjmerrell]

I understand that there are 2 sides to every story. Mom died 2 years ago and the assumed father has since claimed to have cleaned up his act. I am hopeful to be granted custody, but you know how that goes. Everything that I posted are known facts and not opinions or feelings...I'm trying to keep this as unbiased as possible for the sake of maybe actually getting some good information from someone. Assumed dad was also married at the time of conception to another woman and was divorced 2 weeks prior to child's birth.