Can i fight for visitation rights if I'm the legal father but not the biological?

[stevenjen09]

What is the name of your state (only U.S. law)? Texas, Me and my wife were separated and she was seeing someone else. The day we decided to try to work on our marriage she found out she was pregnant. I have been there since literally day one and I'm listed as the father on the birth certificate. My daughter is a little over a month and her biological dad has decided to be in the picture and now my wife has decided that she wants to try to make it work with him to try to give her a normal family. In my mind and heart she is my first and only child. Am I able to fight to get visitation rights? I don't want to take her from her mother, I would never want that I just want to be able to see her. It would kill me not to be able to see her ever again. We are in texas.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas, Me and my wife were separated and she was seeing someone else. The day we decided to try to work on our marriage she found out she was pregnant. I have been there since literally day one and I'm listed as the father on the birth certificate. My daughter is a little over a month and her biological dad has decided to be in the picture and now my wife has decided that she wants to try to make it work with him to try to give her a normal family. In my mind and heart she is my first and only child. Am I able to fight to get visitation rights? I don't want to take her from her mother, I would never want that I just want to be able to see her. It would kill me not to be able to see her ever again. We are in texas.

The child is only a month old, and because of that, its possible for your wife to be able to disestablish your legal paternity. Therefore, no, you are not going to get visitation rights. I am sorry.

 

[CTU]

What is the name of your state (only U.S. law)? Texas, Me and my wife were separated and she was seeing someone else. The day we decided to try to work on our marriage she found out she was pregnant. I have been there since literally day one and I'm listed as the father on the birth certificate. My daughter is a little over a month and her biological dad has decided to be in the picture and now my wife has decided that she wants to try to make it work with him to try to give her a normal family. In my mind and heart she is my first and only child. Am I able to fight to get visitation rights? I don't want to take her from her mother, I would never want that I just want to be able to see her. It would kill me not to be able to see her ever again. We are in texas.

IF your wife is successful - and there is a better chance of her being successful than not - then LdiJ is absolutely correct. However, I believe it's worth at least a consult with a local attorney. The odds are absolutely not in your favor, but it never hurts to ask a local attorney. And don't get your hopes up ... at all.

Regardless, expect the court to be less than impressed with the two of you for trying to play musical daddies.