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  1. #1
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    Jan 2010
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    Default Potential Liability of Biological Father to Repay Support to Legal Father

    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.

  2. #2
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    Default Re: Wrongful Dad Potential Liability

    Quote Quoting torotoro
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    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.

    Man A VOLUNTEERED to become father - he has not "wrongfully" paid child support. He is legally Dad. The only person with standing to challenge paternity is Man B.

  3. #3
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    Jan 2010
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    Default Re: Wrongful Dad Potential Liability

    Quote Quoting Dogmatique
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    Man A VOLUNTEERED to become father - he has not "wrongfully" paid child support. He is legally Dad. The only person with standing to challenge paternity is Man B.
    Ok, thanks for the reply. I'm assuming that answers my second question and ManA >CAN NOT< seek compensation for child support already paid, assuming ManB is proven to be the biological father. ??

    What about the first question? Can ManA maintain legal claim of paternity if it is proven that ManB is the biological father? Can ManB legally dispute paternity if he is proven to be the biological father? Remember, ManA has legally claimed to the father and has acted in that capacity for several years. ManB has never legally claimed or denied fatherhood.

    I should point out that ManA is presently unaware that there may be a dispute over paternity. ManA did not seek legal paternity on his own, but voluntarily conceded to the request of the Mother. Mother asked for ManA to legally admit to paternity in order for Mother to legally request child support.

    Could it be argued and/or proven that Mother and/or ManB wrongfully neglected to make ManA aware of a possible dispute of paternity? Would this fact have bearing on the matter at hand?

  4. #4
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    Default Re: Wrongful Dad Potential Liability

    Quote Quoting torotoro
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    Ok, thanks for the reply. I'm assuming that answers my second question and ManA >CAN NOT< seek compensation for child support already paid, assuming ManB is proven to be the biological father. ??
    Correct.

    What about the first question? Can ManA maintain legal claim of paternity if it is proven that ManB is the biological father? Can ManB legally dispute paternity if he is proven to be the biological father? Remember, ManA has legally claimed to the father and has acted in that capacity for several years. ManB has never legally claimed or denied fatherhood.
    Perhaps. It depends on what is in the best interest of the child. How old is this child?

    I should point out that ManA is presently unaware that there may be a dispute over paternity. ManA did not seek legal paternity on his own, but voluntarily conceded to the request of the Mother. Mother asked for ManA to legally admit to paternity in order for Mother to legally request child support.
    ManA is the child's father.

    Could it be argued and/or proven that Mother and/or ManB wrongfully neglected to make ManA aware of a possible dispute of paternity? Would this fact have bearing on the matter at hand?
    ManA had a responsibility to confirm paternity himself - the fact that he did so willingly without a DNA test isn't Mom or ManB's fault.

    So, how old is this child?

  5. #5
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    Jan 2010
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    Default Re: Wrongful Dad Potential Liability

    Quote Quoting Dogmatique
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    So, how old is this child?
    The child is 8 years old.


    It is very likely that ManA would wish to relinquish paternity if he learned he is not the biological father. ManB is also willing to assume paternity. Can paternity be legally transferred from ManA to ManB if all parties are willing, (ManA, ManB and child are all willing)? Obviously, this is based on the possibility that ManB tests positive and ManA tests negative as the biological father.

  6. #6
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    Default Re: Wrongful Dad Potential Liability

    Quote Quoting torotoro
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    The child is 8 years old.


    It is very likely that ManA would wish to relinquish paternity if he learned he is not the biological father. ManB is also willing to assume paternity. Can paternity be legally transferred from ManA to ManB if all parties are willing, (ManA, ManB and child are all willing)? Obviously, this is based on the possibility that ManB tests positive and ManA tests negative as the biological father.

    Is Dad honestly ok with basically "dumping" this child who has been his legal offspring for the past 8 years?

    That's so very sad for this child.

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