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  1. #1
    Join Date
    Oct 2018
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    8

    Default Is an AOP Void if the Mother Knows Somebody Else Might be the Child's Father

    My question involves paternity law for the State of: Texas.

    My daughter is 4 years and 10 month old. She was born out of wedlock. My boyfriend at the time signed the AOP and was put on birth certificate. Two years later we were married. So, my now husband has been the Presumed father of her, with an AOP signed at the hospital.

    Now that my daughter is over four years old, her biological father has contacted me, and I allowed us to take a DNA test. It concluded it is his biological child, and he wants to visit with her and offer and support that I will allow. My husband if furious that I even spoke with him.

    My husband asked around and is under the impression that the bio father is "barred" from her life after 4 years in Texas? Is this true? Can a court decide differently? The bio father has threatened with a team of "Super Attorneys" if he cant see her AT ALL. I am not sure if they just want him to give them 50k and drag it through the courts to fight for no reason at all if my husband is grasping at straws.

    My husband is waiting on a copy of the AOP we signed. However, is that AOP void if I knew that there was another man that was very possible the father and the bio father could prove it, could it be voided? Is that perjury? I knew the bio father didn't want a child and I assured him that I wasn't going to ever ask him for a penny (and I haven't) and never would. He however isn't financially concerned with spending 50-100k on an attorney to get visitation and I really can't afford to fight. We didn't want to fight, and I told the bio father that he can see my daughter. We were on good terms and going to allow bio father to see her until my husband decided that the bio father is BARRED after four years and refuses to negotiate now based on the four year rule.

  2. #2
    Join Date
    Dec 2013
    Posts
    832

    Default Re: Can an Aop Intexas Be Voided if Mother Knew There Might Be a "True" Biological Fa

    Did your husband know when he signed the AOP that he was likely not the father?

  3. #3
    Join Date
    Oct 2018
    Posts
    8

    Default Re: Can an Aop Intexas Be Voided if Mother Knew There Might Be a "True" Biological Fa

    Not certain, but he will probably say no he didn't. We had an on an off relationship leading up to and after I found out that I was pregnant.

  4. #4
    Join Date
    Sep 2017
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    467

    Default Re: Can an Aop Intexas Be Voided if Mother Knew There Might Be a "True" Biological Fa

    Since your husband is the child's father, he can have a say in who his child is going to spend time with. When he signed the AOP and you allowed him to, he became her legal father. Sperm donor doesn't get any rights to a child who is almost 5. I would be furious too if my wife was off on the side talking to her side piece and was going to allow him to play part time daddy to my kid. There are reasons that courts don't allow this type of thing, and it's because it is damaging to the kid.

  5. #5
    Join Date
    Oct 2018
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    8

    Default Re: Can an Aop Intexas Be Voided if Mother Knew There Might Be a "True" Biological Fa

    Thank you all for your advice! I am aware that it is messy, andI don't want to damage my daughter. Nor do I want to spent tons of money fighting in court. Does the bio father actually have a case in favor of gaining visitation to the child? I have a huge respect for the legal community, however, I am pretty nervous about bio father walking into a firm and saying "whatever it takes" financially speaking, and actually having a case against us. Is there an interpretation of the law in family court that can go in his favor with the DNA test?

  6. #6
    Join Date
    Jun 2014
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    3,011

    Default Re: Can an Aop Intexas Be Voided if Mother Knew There Might Be a "True" Biological Fa

    Courts only recognize DNA tests they order. A court ordered DNA test may or may not have the same results.

  7. #7
    Join Date
    Dec 2013
    Posts
    832

    Default Re: Can an Aop Intexas Be Voided if Mother Knew There Might Be a "True" Biological Fa

    What is your goal with this situation? Based on your actions, it is hard to see why you would let a man take a DNA test and open up that can of worms if you didn't WANT him to be part of the child's life. But the way you word some of your questions speaks differently.

  8. #8
    Join Date
    Oct 2006
    Posts
    15,218

    Default Re: Can an Aop Intexas Be Voided if Mother Knew There Might Be a "True" Biological Fa

    If I remember correctly nobody who signed the AOP may challenge it after 4 years (that means you and your husband), but I do not remember for sure if that applies to the actual biological father. He may still be able to challenge it. A local attorney will be in a better position to advise you on that.


    What happened to cause all of this to arise now?

  9. #9
    Join Date
    Jul 2018
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    1,222

    Default Re: Can an Aop Intexas Be Voided if Mother Knew There Might Be a "True" Biological Fa

    Quote Quoting ACat
    View Post
    Does the bio father actually have a case in favor of gaining visitation to the child?
    Not as far as I can tell. However, since you willingly opened this can of worms, you may still have to deal with whatever legal proceeding this man files. Folks come up with all sorts of crazy theories all the time. While "crazy theories" don't often succeed, they can end up being costly to deal with.

    Quote Quoting Mercy&Grace
    View Post
    Courts only recognize DNA tests they order.
    Got any authority to back that up?

  10. #10
    Join Date
    Oct 2018
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    8

    Default Re: Can an Aop Intexas Be Voided if Mother Knew There Might Be a "True" Biological Fa

    My goal with this situation is to keep it out of courts if the bio father actually has some legal grounds to see or visit my daughter after 4 years. My goal is to avoid a very expensive court battle, time off of work, etc. The bio father and I had a very long and great friendship more than 15 years prior to the pregnancy, and I never EVEN for a second thought that doing a DNA test would end up in a legal battle. He has life threatening allergies that have put him in a coma before.

    As a mother I wanted to know those answers for my child's well being. My husband made it very clear that he would never submit to a DNA test, so when the bio father reached out to me, I had some medical questions. "When you broke your arm, and went to the hospital... what was the name of the medicine you were allergic to that put you in the coma" was the first phrase out of my mouth to him. He was very apologetic, and says that he didn't know she was his until friends and family recently sent him pictures of her that he believed he even had a child.

    That doesn't change anything, she has a great life, an amazing "daddy" , I am married. All I want or need from him is medical history. I told the bio father that and he said he doesn't want to cause me any problems just offer support. I don't want that either. All is wanted from him was medical history and for him to give me the peace of mind that he would never interfere with her life should something happen to me. I want her to always be with her family we have now. I wanted him to relinquish his rights as a parent to her voluntarily (so my husband can adopt her). Of course I didn't phrase it like that, but he did say he would give me whatever I wanted, and agreed to meet me at my attorneys office the following week when the results came in to sign off on my peace of mind. I immediately went home and told my husband that I did the test and that the bio father would sign off and we can close this chapter of our lives and our daughter would have a complete medical history. My husband was in agreement that we could give the bio father some supervised visits with our daughter,(once a year or twice) and in the future we will tell her about the bio father.

    The bio father WAS going to meet us at my attorneys office to come up with a legal solution for us all. He instead went to another attorneys office and they told him that he can file a suit against me and get more (a lot more) rights. However, the attorneys office I went to is a family friend, and he told me that FIRST, I cant make some kind of a "deal" terminating his rights in exchange for whenever I want to give visits. It isn't how the courts and the law works. Our attorney was certain that the bio father could take us to court, and get legal visits ordered. And,Iwas still going to ask bio father to voluntarily relinquish his rights. Then the attorney found the clause about the AOP being signed and after 4 years being barred.

    I personally have nothing bad to say about the bio father, he is really a good guy. He made the choice to stay out of my daughters life, and he has to live with it. She is going to know one day, one way or the other. My husband is Caucasian, I am Native American, and her bio father is Indo- Pak(and she looks just like him) We will tell her "one day" when a child psychologist says the time is right. Meanwhile bio father wants to see her, my husband is no longer wanting to negotiate any contact AT ALL, and our defense is now hinged on the AOP we signed at the hospital. There has been so much back and forth already that I am uncertain if it will hold up, or if he can challenge it, or if I am going to drain our life savings for a futile fight just to let him see her.

    If we can't come to an agreement then it will get crazy expensive and I am not able to afford that. On one side legal counsel says no biggie, you have an AOP, on the other side of the bio father they are saying 50-100k or more and you can have your daughter? I also asked another person and they said "if they follow the letter of the law to a perfect "T" then no, bio father doesn't get access, but family court gets to decide what is in the best interest of the child" So, do the courts follow the letter of the law, or deviate from it?

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