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  1. #1
    Join Date
    Oct 2012

    Default I Am a Presumed Father to a Child I Know is Not Mine, but Want It to Stay That Way

    My question involves paternity law for the State of: Texas

    My wife and I were separated in June of last year, but reconciled in October of the same year. She became pregnant during that time and initially wished to give the child up for adoption. The biological father on with that..her sister backed out of adopting and we decided to keep the baby and I woul take responsibility of the child and be put on the birth certificate. I know that would happen anyway but I didn't contest it basically. Anyhow 6 months after the baby was born, she starts to feel upset bc the bio father never cared and decided to send him an angry email telling him we kept the baby yet still didn't show any interest in getting involved. They've had a calm conversation since but he stated he would possibly be involved later and didn't want to pay any child support now. Which is fine with me. Anyhow I am concerned as to my rights to continuing to be a parent to the baby even if he decides to come around one day.

    My main question is what action does he need to take if he wants to get involved one day and will that leave me on the outside looking in? If my wife ever decides to file for child support in the future can she even do that? What if we divorce? I'm so confused and just want some clarity to the situation.

  2. #2
    Join Date
    May 2008
    Louisville, KY

    Default Re: I Am a Presumed Father to a Child I Know is Not Mine, but Want It to Stay That Wa

    Good heavens. I am sorry for your situation. My advice *would be* to tell your wife to quit contacting him, and to keep quiet about the situation, but I get the feeling that wouldn't do much good.

    My advice now is to keep doing what you are doing, and be the best dad you can be. The longer he takes to attempt to establish paternity (if he ever even does) the longer you are legally dad, and the courts will consider that.

    Unless a source is cited, anything posted here by me is only my opinion, and is not meant as legal advice.

  3. #3
    Join Date
    Sep 2009

    Default Re: I Am a Presumed Father to a Child I Know is Not Mine, but Want It to Stay That Wa

    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.

    Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14,
    2001. Amended by Acts 2003, 78th Leg., ch. 1248, § 4, eff. Sept.
    1, 2003.

    The biological father will have until the child's fourth birthday to file in court.

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