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    William2011's Avatar
    William2011 Posts: 3, Reputation: 1
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    #1

    Mar 6, 2011, 12:23 AM
    Child
    The husband is on the birth certificate of a 1 year old child and is still married to the mother the bio father new there was a chance he could have been the father but did nothing till now the husband new nothing about it Does the bio father have rights to the child
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 6, 2011, 05:08 AM

    First, ANY question on law needs to include your general locale as laws vary by area.

    When a child is born to a married couple, the husband is presumed to be the father. However, it is possible for the bio father to mount a challenge to that presumption and gain his rights. How long he has to mount this challenge depends on local laws.
    William2011's Avatar
    William2011 Posts: 3, Reputation: 1
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    #3

    Mar 6, 2011, 08:47 AM
    In the state of Texas
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 6, 2011, 02:41 PM

    As noted, then the husband is presumed to be the father:
    Texas Family Code - Section 160.204. Presumption Of Paternity - Texas Attorney Resources - Texas Laws

    The rules on the challenge are contained here:
    Texas Family Code - Section 160.308. Challenge After Expiration Of Period For Rescission - Texas Attorney Resources - Texas Laws

    Since the bio father did not file within 60 days, he can only protest on "the basis of fraud, duress, or material mistake of fact." Since you state he knew he might be the father, that would appear to remove that claim. However, since the child is only 1 year old, he would seem to be within the 4 year limit to file.

    So, if the bio father wants to challenge the husband's paternity there is a possibility he can do so. He should consult an attorney to determine his chances.
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    William2011 Posts: 3, Reputation: 1
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    #5

    Mar 6, 2011, 04:19 PM
    So what I'm trying to ask is can the bio father take the child from the married couple that provides for the child Does the bio father have a chance
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 6, 2011, 04:59 PM
    Quote Originally Posted by William2011 View Post
    So what I'm trying to ask is can the bio father take the child from the married couple that provides for the child Does the bio father have a chance
    That is a whole other question. And there is no way we can answer that without more background. The probability is that the bio father would not be able to take the child from the only parent's its known. But there is a good possibility that he would be allowed some visitation.
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