
Quoting
torotoro
My question involves child support in the State of: Texas
I am trying to find advice about the possible legal rights and liability involved in a matter of disputed paternity. Below is an outline of the facts up to this date. I can provide more detailed information if need.
- Mother becomes pregnant
- Mother was sexually involved with two different men around the time of conception, ManA and ManB.
- Mother is not married nor was ever married to either ManA or ManB.
- Based on a number of assumptions, it is assumed ManA is the biological father.
- Discussion of a paternity test is brought up between Mother and ManB, but no paternity test is performed.
- ManB verbally and voluntarily relinquishes any claim to child.
- ManA voluntarily accepts legal responsibility for child. ManA signs legal paperwork admitting he is the biological father.
- Mother seeks child support from ManA. ManA commits to child support per court order.
- Several years pass. Child is still a minor. Child is in the custody of the Mother and ManA has open visitation rights.
- As child has grown, it becomes apparent that child has some physical resemblance to ManB.
- ManB is willing to perform paternity test.
- Paternity test has NOT yet been performed.
Two big questions remain pending the results of the paternity test.
If ManB is proven to be the biological father, can ManA maintain a claim to fatherhood and custody of the child, based on the above?
If ManB is proven to be the biological father, can ManA legally seek monetary compensation from Mother and/or ManB for having wrongfully paid child support?
Thank you for any and all advice.