[Angie4896]

She has the right to know!

[GV70]

The law and the wishes are different things...

[Angie4896]

So it's better to wait till she's 18, go find her and tell her then. Def not in her best interest. But I have already contacted an attorney... so we shall see.

[GV70]

She has the right to know!

I do not know a code,chapter and letters which permit such right in Texas.The law does not have an emotional matter.

[Angie4896]

I do not know a code,chapter and letters which permit such right in Texas.The law does not have an emotional matter.

I meant the child has the right to know her family and who her biological father is... there are no rights for children?

[GV70]

Finally
FAMILY CODE
CHAPTER 160. UNIFORM PARENTAGE ACT
(5) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under Subchapter D or by an adjudication by a court.
11) "Parent" means an individual who has established a parent-child relationship under Section 160.201.
Sec. 160.204. PRESUMPTION OF PATERNITY.
(A) the assertion is in a record filed with the bureau of vital statistics;
(B) he is voluntarily named as the child's father on the child's birth certificate; or
(C) he promised in a record to support the child as his own; or
(5) during the first two years of the child's life, he continuously resided in the household in which (the child resided and he represented to others that the child was his own.
b) A presumption of paternity established under this section may be rebutted only by:
(1) an adjudication under Subchapter G; or
(2) the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by Section 160.305.
Sec. 160.305. EFFECT OF ACKNOWLEDGMENT OR DENIAL OF PATERNITY. (a) Except as provided by Sections 160.307 and 160.308, a valid acknowledgment of paternity filed with the bureau of vital statistics is the equivalent of an adjudication of the paternity of a child and confers on the acknowledged father all rights and duties of a parent.
(b) Except as provided by Sections 160.307 and 160.308, a valid denial of paternity filed with the bureau of vital statistics in conjunction with a valid acknowledgment of paternity is the equivalent of an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.
Added by Acts 2001, 77th Leg. ch. 821, Sec. 1.01, eff. June 14, 2001.

[GV70]

If you have surplus amounts of money-go to court but I am almost sure what will happen... BTW if your brother was not the father and you wait till she is 18 go find her and tell... are you willing to pay a lot of money as moral damages?

[Angie4896]

If you have surplus amounts of money-go to court but I am almost sure what will happen...BTW if your brother was not the father and you wait till she is 18 go find her and tell...are you willing to pay a lot of money as moral damages?

I am not concerned with the money aspect... I am concerned with What's RIGHT! I have seen forst hand what is does to a child not to know their real parents and tp be fed lies their whole lives. It is a very sad and disturbing thing to do to a child. We will fight no matter what it takes. I am done with this for now... already in contact with an attorney so we shall see.

[GV70]

Every state has some levels for protection of the parents.Texas/like Florida,California and etc/ has a very high level... It is Public policy and the TSC correctly maintained that the chidren interests are paramount...
There are many reasons to protect intact couples against other interference in their life.Let us immagine that you are married and I do not like your husband for example... Let us immagine you have two kids-1 and 3 y/o.And one beautiful morning your husband is given with a summon to go to court and to submit DNA test because I made an affidavit that I had many sexual intercourses with you and it is possible for me to be the father of your children.Also I testified that I would love to pay child support if I am proven as a father... OK-I know that I have never had any relations with you and also I will never pay child support... My expences will be about $ 1500-2000... That the cost for disrupting of a stable couple.I do not believe your husband to say'"Sweetie, I am very happy that you.....this guy and I am happy to be cuckolded because who is able to see no reason?If this guy filed an affidavit I think he has all grounds to disput a paternity question..."

Keep us updated...

[ScottGem]

I am not concerned with the money aspect...I am concerned with WHATS RIGHT!

No, you are concerned with what you BELIEVE to be right. There is a difference. Again, I hope this works out for you, but you NEED to understand that what you feel is right for you and for the baby may not agree with what the law SAYS is right or what a judge believes is in the best interests of the child.

[GV70]

No, you are concerned with what you BELIEVE to be right. There is a difference. Again, I hope this works out for you, but you NEED to understand that what you feel is right for you and for the baby may not agree with what the law SAYS is right or what a judge believes is in the best interests of the child.

That is my point of view.

[samson34]

Okay, I am not sure where to start or if this is even the correct place to post this but HERE GOES......
My little brother passed away Jan 19th 2007 at the time his ex-girlfriend was close to 3 months pregnant but they had broken up and she was and is still with the same man. She claims the baby is not Josh's (my brother) but they were together at the time she got pregnant, she was just sleeping with her current boyfriend at the same time. My question is....what are the steps we should take to get her to take the DNA test? We have tried calling and she has agreed on 2 seperate occasion to take the test but after every call she changes her number. We have had to track her down several times and had threatened court action if she does not take the test. But realistically what are our options as his family and what are my Mother's rights as the "possible" grandparent. She wants visitation if the baby is Josh's? Please help!

I cannot believe I am reading this, I have almost the same situation in Michigan. It is such a heartbreaker!! I wish I could give you more positive support, only I cannot. I have been to 10 lawyers, grandparents rights organizations, friend of court, the girlfriend, many friends of both my son and his girlfriend and yet everyday I mourn the thought that still a part of my son may still be living and I cannot be near him or even visit. The law sucks for us mothers who have to endure this pain and yet why if one of our daughters, god forbid, were killed and pregnant and the baby lived we would have every right to that child. That really is very one sided for the sexes. But I will continue to fight only because I know it is his son and some how some way I will prevail. Please feel free to let me know if you would like to share more information, it has been so enlighting to know there is another living soul with the same pain I am enduring and can understand how unfair it really is.

[froggy7]

I am not concerned with the money aspect...I am concerned with WHATS RIGHT! I have seen forst hand what is does to a child not to know their real parents and tp be fed lies their whole lives.

Their real parents are the ones who are there, raising them every day, tucking them in at night, going to their school plays, etc. Your brother is dead. He can never be a real parent to this child. In which case, I have to ask if it is better for the child to know that the man who is, apparently, willing to raise her is not her biological parent. It's not like there is another parent in the wings in this case, ready to step in financially and emotionally to help out. The only thing I can see happening in that case is that it will potentially drive a wedge between this child and the only man that she will ever know as her father.

I'm also curious, from a philosphical viewpoint, about what you will do if the DNA test shows that the child is not your brother's. Will you and the rest of your family just shrug and walk away, after raising so many concerns about how these two people are bad parents? Or are you really concerned about the child, and willing to try and better her life even if she's not related?

[GV70]

The only thing I can see happening in that case is that it will potentially drive a wedge between this child and the only man that she will ever know as her father

Agree

I'm also curious, from a philosphical viewpoint, about what you will do if the DNA test shows that the child is not your brother's. Will you and the rest of your family just shrug and walk away, after raising so many concerns about how these two people are bad parents? Or are you really concerned about the child, and willing to try and better her life even if she's not related?

I have read all posts many times but I am not sure they are concerned about the child-they are concerned about her right in despite of child's needs.

[ScottGem]

I'm also curious, from a philosphical viewpoint, about what you will do if the DNA test shows that the child is not your brother's. Will you and the rest of your family just shrug and walk away, after raising so many concerns about how these two people are bad parents? Or are you really concerned about the child, and willing to try and better her life even if she's not related?

This thought occurred to me at the very beginning, but I was kind of hesitant about bringing it up, not sure why, just a gut feeling. But there are clues in reading the posts that indicate, the concern is not really for the child but for the brother's legacy.