ExpertLaw.com Forums

Name on Birth Certificate but DNA Shows Not the Father

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 06-03-2013, 08:28 AM
    Hoops14
    Name on Birth Certificate but DNA Shows Not the Father
    My question involves paternity law for the State of: Tx.

    After being a father for 2 years, paying for day care, medical bills, and whatever he needed. We never married, we lived together for the 1st 18 months, then split up. She filed child support, and DNA tests show I am not the father. My name is on the birth certificate. The other potential father says he wants nothing to do with the son. I have asked her to get the legal proceedings over with, establish paternity And have him sign his rights over. I would like to adopt my son. I have been there for him and want to continue to do so. The questions are, is this possible, what steps do I take? She is agreeable to this as well, just need to know if it is possible. Thank you.
  • 06-03-2013, 10:33 AM
    aardvarc
    Re: Name on Birth Certificate but DNA Shows Not the Father
    As of right now, you are already the child's legal parent. If a paternity case ensues, whether initiated by the mother or by the biological father or as part of a child support case, your legal relationship to the child may be severed. If that happens, you will become a legal stranger to the child and will not be able to adopt unless you are married to the mother.
  • 06-03-2013, 12:14 PM
    llworking
    Re: Name on Birth Certificate but DNA Shows Not the Father
    Quote:

    Quoting aardvarc
    View Post
    As of right now, you are already the child's legal parent. If a paternity case ensues, whether initiated by the mother or by the biological father or as part of a child support case, your legal relationship to the child may be severed. If that happens, you will become a legal stranger to the child and will not be able to adopt unless you are married to the mother.

    It may be too late for that. It sounds like a DNA test was done as part of a child support case, and if so, his legal paternity was already disestablished.
  • 06-03-2013, 12:56 PM
    jk
    Re: Name on Birth Certificate but DNA Shows Not the Father
    Quote:

    Quoting llworking
    View Post
    It may be too late for that. It sounds like a DNA test was done as part of a child support case, and if so, his legal paternity was already disestablished.

    since when does it require the the legal father to be the biological parent?


    The dna test only provides factual evidence as to whom the biological father is. It does not, in itself, change who the legal father is. Obviously a court could remove the OP as the legal father but given the fact many parentage decisions are based on the best interests of the child and not the biological standing, I would not be surprised to hear the OP was not removed as the legal father.
  • 06-03-2013, 01:25 PM
    llworking
    Re: Name on Birth Certificate but DNA Shows Not the Father
    Quote:

    Quoting jk
    View Post
    since when does it require the the legal father to be the biological parent?


    The dna test only provides factual evidence as to whom the biological father is. It does not, in itself, change who the legal father is. Obviously a court could remove the OP as the legal father but given the fact many parentage decisions are based on the best interests of the child and not the biological standing, I would not be surprised to hear the OP was not removed as the legal father.

    That is often true when children are a bit older...but this child is only 2. SOMEBODY asked for a DNA test to be done, and that doesn't happen unless legal paternity is being challenged.
  • 06-03-2013, 01:41 PM
    jk
    Re: Name on Birth Certificate but DNA Shows Not the Father
    Quote:

    Quoting llworking
    View Post
    That is often true when children are a bit older...but this child is only 2. SOMEBODY asked for a DNA test to be done, and that doesn't happen unless legal paternity is being challenged.

    some states limit a challenge to 2 years unless there is fraud or deceit. Texas limits the challenge to an AOP to 60 days unless there is a valid basis as described in the statute.


    I do agree there was presumably a reason for the test but if the OP does not wish to relinquish paternity, he can actually contest the disestablishment of paternity.


    Quote:

    § 160.307. PROCEEDING FOR RESCISSION. A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of: (1) the 60th day after the effective date of the acknowledgment or denial, as provided by Section 160.304; or (2) the date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes child support.Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
    Quote:

    § 160.308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION. (a) After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. The proceeding must be commenced before the fourth anniversary of the date the acknowledgment or denial is filed with the bureau of vital statistics unless the signatory was a minor on the date the signatory executed the acknowledgment or denial. If the signatory was a minor on the date the signatory executed the acknowledgment or denial, the proceeding must be commenced before the earlier of the fourth anniversary of the date
    I guess the dna tests proves there was a material mistake of fact, at least, but the law does not allow the challenge unless there is such claim so, unless the mother made this claim prior to the dna test, OP may be able to contest the test results as they were not performed under any rights under the law.

    Since he presumably agreed to the test, he may have lost that right though as he did not challenge the test when it was ordered by the court.

    I wonder why the OP even agreed to the DNA test?


    so Hoops, why did you agree to the DNA test? but to be clear; was this test actually under the order of the court or a court associated entity such as the Friend of the Court or other similar office?
  • 06-03-2013, 01:53 PM
    aardvarc
    Re: Name on Birth Certificate but DNA Shows Not the Father
    The DNA results are only that, DNA results. Until and unless the court actually adjudicates paternity, it doesn't change just because child support proceedings are afoot. The current legal father has standing and can challenge any proposed change - asking the court to find that status quo is in the child's best interest, even with DNA in conflict with the birth certificate. Given that the ACTUAL father wants nothing to do with the child, and there's already a legal father established who DOES want to be involved with the child, the court may simply decide to make the current legal, yet biologically unrelated father, pay support. The child support office doesn't care WHO pays, as long as SOMEONE does - that "who" is what the court will have to figure out, and since the father who wants the child is already established....if he's willing to step up and the bio father is willing to fall into the shadows, he's got at least a decent shot at retaining his current parental rights (especially if he gets a decent attorney who can argue up the "best intest" aspect). If he retains his current rights, need for adoption becomes moot.
  • 06-04-2013, 12:33 PM
    Hoops14
    Re: Name on Birth Certificate but DNA Shows Not the Father
    Every time we argued, she would say "I hope he isn't your". I have had a girlfriend for 9 months, and the mother went to court for child support, court ordered. I already paid for day care, and other expenses. The amount proposed by the child support office is less then what I pay for child care. I asked for the DNA test, because she always threatened that he may not be mine. She did not show up the day the judge ordered the DNA test. The court also says, I do not have to return to court for the child support hearing, since DNA shows I am not the biological father. I still want to take care of my son, regardless. Just looking for answers, as to where to go from here. Thank you for your help.
  • 06-04-2013, 12:52 PM
    jk
    Re: Name on Birth Certificate but DNA Shows Not the Father
    Quote:

    I asked for the DNA test, because she always threatened that he may not be mine.
    Like they say; be careful what you ask for. You just might get it.


    Sounds like you caused your own issues here.


    If you have been adjudicated to not be the father, then you have no rights and no liabilities. You cannot now argue to be adjudicated to be the father. You are now out of the picture.
  • 06-04-2013, 05:59 PM
    aardvarc
    Re: Name on Birth Certificate but DNA Shows Not the Father
    Quote:

    Quoting Hoops14
    View Post
    I asked for the DNA test, because she always threatened that he may not be mine..... I still want to take care of my son, regardless

    Agree with jk. The problem is, this won't be a case of "regardless". If YOU challenged paternity, and the child turns out to not be yours, you may have facilitated the severence of your relationship to the child, whose future may include meeting his NEW daddy. Had MOM been the one to request testing, then you may have been able to still argue that your postition as parent as being in the child's best interest. But if YOU challenged paternity, that indicates one and ONLY one thing to the court: that you no longer want to be the child's parent.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 02:26 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved