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    txndad's Avatar
    txndad Posts: 2, Reputation: 1
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    #1

    Jul 17, 2012, 01:25 PM
    Dna testing and child support
    My son is ten. 5 years ago I had a dna test done and found out he is not biologicly mine, but I did nothing. Now I'm going to file a paternaty suit to cancel child support, but still want to see the child. I just don't wantbto pay for a kid that's not mine. Would I have to sign away my parental rights as well? Would I still be able to see the child?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #2

    Jul 17, 2012, 03:35 PM
    First, when asking a legal question, please be sure to provide your location, as laws vary.

    There are no parental rights to sign away if you file suit to disestablish paternity. Once you are no longer the legal father, you are a legal stranger. You can't have it both ways. Wither you take the parental responsibilities aloong with the rights to see the child, or you get rid of both.

    I am curious to know what kind of DNA you had done. If it was a court ordered test, this shoud have happened already. If it wasn't, then it certainly won't hold up in court.Furthermore, the argument can be made that you assumed paternity by continuing to pay support and act as the father even though you knew you weren't. You may be stuck with that child support.
    txndad's Avatar
    txndad Posts: 2, Reputation: 1
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    #3

    Jul 17, 2012, 03:56 PM
    Im in Texas
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 17, 2012, 05:43 PM
    As kc said if you are successful in your suit, then you will be a legal stranger to the child and have no rights.

    However, I think the odds of you being successful are extremely small.
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