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  1. #1
    Join Date
    Mar 2009
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    1

    Default What to Do if Another Claims Paternity Without You Giving Up Those Rights

    My question involves paternity law for the State of: NM and or TX It's going to be a year know since my ex-girlfriend gave birth to our twins. at the time she had been seperated from her husband for about 2 years and was in the process of getting a divorce when we decided to get together so we both moved to phoenix, az. Well things didn't work out as we thought it would and we broke up and she went back home to our home town which sits on the border of NM and TX. We still kept in touch and she calls and lets me know that she's pregnant and obviously that the baby is mine. I must admit I wasn't to excited about it cause i knew we weren't ready to have a child yet but she's pregnant and she was going to have the baby. And like I said I wasn't to happy about it at first but I was going to be there for the baby when it got here and over time I started to get excited that I was going to be a dad and it grew on me. So during the pregnancy we talked about the baby and about possibly maybe trying to get back together. Well as it got closer to the due date we wind up having an argument of something that was probably real dumb but none the less we stopped talking as much as we use too. Well I come to find out that her and her supposed done to be ex-husband got back together. Well i was not to pleased about it but we weren't together anymore and it was her life and all I wanted was for her to allow me to see and spend time with my children when they were born. Well as time got even closer to the supposed due date that the doctor gave her i made plans to go back to my home town for that last month of the pregnancy so i could be there in case she went into labor cause there was a possibility that they would come early since they were twins. Anyways I had gone to Fl for my brothers wedding which was 2 weeks before my big trip back home when i called her to see how she was doing when she tells me that she had already had the babies 4 days ago. My initial reaction was happiness cause the babies were born and they were ok but quickly turned into anger cause she didn't tell me until 4 days later and only after i called her. So the next day i was on my way to go see her and the babies and again i called her on the road cause i was excited when i ask her whose last name did she give them expecting either my last name or her maternal last name cause of course i wasn't there at the time of the birth to be able to sign the birth certificate either one would have been ok. Well I come to find out that she had her husband sign the birth certificate and say he was the father giving my children his last name. Well when I got there I asked her before i got to see the children and she told me it was true. Well of course that mad me very angry and when i got to see the babies i was so angry and confused why she would do that, that when I saw the babies I turned to her and told her that they weren't mine and i left her house. I did eventually come back when I cooled down but i didn't know what to think anymore but I returned so I could talk to her cause I didn't want to talk to her after I found out what she did. Thinking it was the best thing to do at the moment i told her that I wouldn't bug her or the kids and that she wouldn't see me anymore. Well after a week or so of some hard long thinking I called her back and told her that I was wrong for telling her that i was leaving and that i wasn't going to be in our babies lives anymore, and that there was no way i was ever going to give them up and that i would be there. So for the past year now i have gone to visit my kids every chance that i get cause unfortunately i got sick and have to be going to the doctors a lot, but every time I go I have to go to her house to see the kids and i have to leave before a certain time before her husband gets home from work and only on days that he says. So after all my story that wrote my questions are: 1. Was it legal that he signed my childrens' birth certificate knowing that they were not his kids? 2. was it ok for my ex-girlfriend to let him do that. 3. What can i do to claim my rights as there father. Any advice will be greatly appreciated.
    Thanks!olves paternity law for the State of:

  2. #2
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: What to Do if Another Claims Paternity Without You Giving Up Those Rights

    Quote Quoting asierra1287
    View Post
    My question involves paternity law for the State of: NM and or TX

    So after all my story that wrote my questions are: 1. Was it legal that he signed my childrens' birth certificate knowing that they were not his kids? 2. was it ok for my ex-girlfriend to let him do that. 3. What can i do to claim my rights as there father. Any advice will be greatly appreciated.
    Thanks!olves paternity law for the State of:
    Wow. First, paragraphs are your friends. Next time use them as this was extremely hard to follow.

    1. Yes, it was legal for him to sign the birth certificate. They are married, therefore he is presumed to be the legal father.

    2. Morally no, but legally yes.

    3. If it has only been a year, you file with the court for a paternity test on the child. If you are the father, you will be able to file for custody/visitation and if she files for child support, you will be obligated to pay that.

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