[camjmp330]

It's kind of a long story. My brother, Cash, passed away March 5, 2008 of a drug overdose and he was 25 years old. When he died we took blood so we could do a dna test on ex girlfriends child. It was possible that it could have been Cash's, Seth's who is Brittany's husband and the mother, or another guys. Well, it turned out it was Cash's. She put her husbands name, Seth, as the father on the birth certificate. My whole family can not stand her because my brother never did drugs or pills until he got with her and he died of a drug overdose. Also, we found out she was taking pills and doing drugs the whole time she was pregnant. She, Brittany, is a drama queen and keeps stirring up trouble. We can't stand her and me and her are going to end up getting into it physically. I think if that happens then she won't let my mother see the baby anymore. That is all my mom has that has to do with my brother. She loves that baby. The baby is only 3 months old and was born premature at 3 lbs. So in conclusion, I was just wondering if there was any law that would or can guarantee her grandmother rights so she can see Cam, the grandbaby, when she wants or at scheduled times. Thanks Chelsea:confused:

[GV70]

No,your mother does not have standing to do it.

[Fr_Chuck]

First she can not legally just put another man as the father on the birth certificate, since the real father is dead the current man can go and adopt the child, But if there was fraud done listing the real father, they can be taken to court to have this changed.

As to grandparents rights, in some US states they are given some rights but most states do not have them yet. Texas at my last check did not give grandparents rights, but if you have money for an attorney, your case could always be the one to change it.

[GV70]

First she can not legally just put another man as the father on the birth certificate, since the real father is dead the current man can go and adopt the child...

I am interested in how a legal father can adopt his legal child.

[George_1950]

[QUOTE=camjmp330]It's kind of a long story. My brother, Cash, passed away March 5, 2008 of a drug overdose and he was 25 years old. When he died we took blood so we could do a dna test on ex girlfriends child. It was possible that it could have been Cash's, Seth's who is Brittany's husband and the mother, or another guys. Well, it turned out it was Cash's. She put her husbands name, Seth, as the father on the birth certificate... QUOTE]
You state, "...it turned out is was Cash's (baby)." Just curious: how did this come about? Was there a paternity test? Was it court-ordered? Or voluntary?

[George_1950]

I am interested in how a legal father can adopt his legal child.

Something like this: There is a presumption that the husband is the father of his wife's child, but the presumption can be rebutted and the evidence at trial can overcome the presumption. In a paternity suit, the evidence is scientific and not subject to memory lapses and emotionally charged, unfulfilled, desires.

[George_1950]

. So...I was just wondering if there was any law that would or can guarantee her grandmother rights so she can see Cam, the grandbaby, when she wants or at scheduled times. Thanks Chelsea:confused:

Check this: Grandparents' Rights to Visitation in Texas

[GV70]

Something like this: There is a presumption that the husband is the father of his wife's child, but the presumption can be rebutted and the evidence at trial can overcome the presumption. In a paternity suit, the evidence is scientific and not subject to memory lapses and emotionally charged, unfulfilled, desires.

In this case it sounds as "I like to disestablish myself as a legal father,to cut my rights and obligations toward the child because I want to adopt this child and to have parental rights and obligations"

[GV70]

§ 160.204.
(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[0] by a
Presumed father in conjunction with the filing by another person of
A valid acknowledgment of paternity[0] as provided by Section 160.305

§ 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.
§ 160.608. AUTHORITY TO DENY MOTION FOR GENETIC
TESTING. (a) In a proceeding to adjudicate parentage, a court may
Deny a motion for an order for the genetic testing of the mother,
The child, and the presumed father if the court determines that:
(1) the conduct of the mother or the presumed father
Estops that party from denying parentage; and
(2) it would be inequitable to disprove the
father-child relationship between the child and the presumed
father.
(b) In determining whether to deny a motion for an order for
Genetic testing under this section, the court shall consider the
best interest of the child,