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cmter · Apr 28, 2008, 12:47 PM

I live in Texas and I have a 6 year old daughter that I had out of wedlock. The man who I thought was the father signed the birth certificate and the affidavit of paternity. When my daughter started to age I noticed that she looked like another guy I was fooling around with. Well the other guy saw her and also believed her to be his, however he stated he wanted nothing to do with her. Now he's in jail and is calling me after 6 years claiming he has rights to see the child and wants her name changed to his. My daughter doesn't know this guy, and to make matters worse she is living with the dad whose name is on her birth certificate. I need to know if there is anything I can do to prevent this matter from going to court and what rights does he have after all this time?

Fr_Chuck · Apr 28, 2008, 01:09 PM

You may not, depending on where you live.

In most US states, the bio father can come back and request a DNA test. If he is proven to be the father, he will be allowed visits. You can ask for them to be supervised till he gets to know the child. He may not be able to make you change the birth certificate, but the father listed on it, may.

Also if it is proven that the man listed on the birth certificate is not the father, he has no legal right to custody of the child.

Izannah · Apr 28, 2008, 01:24 PM

There are a lot of "maybes" in this situation. Check out State Statutes to see what the statutes for your area are. In Texas, depending on what bio-dad is in jail for, rights could actually be terminated (but that is a very concise list of things; like sex assault on a child for example). On the other hand, incarceration is not grounds for termination of parental rights (aside from incarceration for a crime listed specifically by state statutes, again usually involving crimes against children leading to death or trauma, gross neglect). It is very possible that it could turn out that he would get supervised (obviously) visitation at least until he is out of jail. If he is her father, he has every right to pursue his parental rights.

Another maybe is whatever the court may deem as the best interest of the child and that could potentially be to remain with the presumptive father (dude on the birth certificate), stranger things have happened. Why does bio-dad want back in the picture after all this time now anyway, did he say? Are you still with the presumptive father or is he just raising her as a single parent?

Best bet is to research your options in the state statutes and then seek legal counsel should you need it.

cmter · Apr 28, 2008, 02:05 PM

The prison dad says that he found Jesus and wants visitation. I am not with the presumptive dad, he actually raising my daughter while I finish school.

Izannah · Apr 28, 2008, 04:28 PM

Well, if he has really found something that keeps him on the straight and narrow and he wants to step up, good for him and there's very little you can do about it unless you can prove that he would be an unfit parent and a negative influence to your daughter.

Again, I would check the state statutes, determine what everyone's rights are, including "step-dad," and seek legal counsel if you plan on fighting anything.

GV70 · Apr 30, 2008, 02:03 AM

Originally Posted by cmter

I live in Texas and I have a 6 year old daughter that I had out of wedlock. The man who I thought was the father signed the birth certificate and the affidavit of paternity. When my daughter started to age I noticed that she looked like another guy I was fooling around with. Well the other guy saw her and also believed her to be his, however he stated he wanted nothing to do with her. Now he's in jail and is calling me after 6 years claiming he has rights to see the child and wants her name changed to his. My daughter doesn't know this guy, and to make matters worse she is living with the dad whose name is on her birth certificate. I need to know if there is anything I can do to prevent this matter from going to court and what rights does he have after all this time?

The man who signed her BS is her legal father.The bio-father does not have rights to claim his paternity after 5 years.It is the Texan law.You do not need to do anything=The Court will not allow his claim.

GV70 · Apr 30, 2008, 02:20 AM

TFC
§ 160.607. TIME LIMITATION: CHILD HAVING PRESUMED
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.

GV70 · Apr 30, 2008, 02:23 AM

According to TFLC the bio-father does not have standing here... Fr_Chuck is out of base.