biological father want to challenge patertnity against legal father

[weenor]

One other Angle...

What did mom do to lose primary custody in the first place??? Courts just do not bop kids around at will. There was a reason (and probably a serious one) for the switch. Do really want this woman to get primary custody back????

 

[Happy Trails]

This is a sad situation, mom knew all along this guy was the BF, and never bothered to tell him that he was or could be.

 

[Kane]

872 SW2d 189; In the Interest of JWT
TX Supreme Court, 1994

Randy and Judy insist that Larry's right to be heard may be statutorily denied. They argue that, by prohibiting an alleged biological father from asserting his paternity, the Family Code protects the marital unit from intrusion by outsiders and protects the child from delegitimation. The State has a legitimate interest in minimizing familial disruptions that are harmful to the child. But as the court of appeals observed, this marital unit was clearly disrupted before Larry ever filed this suit:

[t]hat the biological mother, for whatever reason, has chosen to engage in sexual relations outside of marriage is proof itself that the "integrity and solemnity of the family unit" has been damaged at least to some degree. [Resolution of these difficulties by the husband and wife] does not, we feel, give license to the state to perpetuate the myth of "presumption of paternity" so as to deprive the biological father of at least a chance of being able to exercise those rights, duties, privileges, and responsibilities that all civilized societies have recognized to be fundamentally ingrained in the concept of parenthood.
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We, therefore, hold unconstitutional Section 11.-03(a)(7) and 12.06(a) to the extent that they wholly deny a putative father's standing to sue with regard to a child who has a presumed father, and prevent the bringing of any suit affecting the parent-child relationship in which a presumption of paternity may be rebutted.

 

[nextwife]

What is with these women who want to swap around their kids fathers to reflect THEIR own relationships or departures from relationships?

 

[FloridaPatty]

I couldn't even tell you how many times I've read this same exact situation in the past year that I've been here. I just can't believe how manipulative some women are. "Gee since we're together, I'll just say you're the dad. Oh, you want a divorce? I don't think it's your kid, you see, I was with someone else around that time...." I agree, poor kid. Trust me, someone will make sure that the child knows.

This is a good point.

I was wondering why couldn't you work with the father? Why the ex-girlfriend? She's played her hand and her child is now with someone else full-time. I understand your need to get to know your child but location shouldn't matter.

 

[Kane]

However ----


ITTO SCL
Tex. App. - Dallas, 2005

Because the United States Supreme Court has determined that a biological father's right to establish parentage is not constitutionally protected and statutes limiting that right are a matter of legislative policy not constitutional law, we cannot conclude Mark S.'s federal due process rights are violated by applying section 160.607(a).

We reach a similar conclusion with respect to Mark S.'s rights under the Texas due course of law guarantee. The Texas Constitution guarantees standing to a biological father who asserts his interest in establishing a relationship with the child near the time of the child's birth if he (1) acknowledges responsibility for child support or other care and maintenance and (2) makes serious and continuous efforts to establish a relationship with the child. In the Interest of J.W.T., 872 S.W.2d 189, 195 (Tex. 1994). The record in this case shows that although he knew of Tina L.'s pregnancy, Mark S. did not assert his interest in establishing a relationship with S.C.L. near the time of S.C.L.'s birth, nor did he thereafter make serious and continuous efforts to establish a relationship with S.C.L. Consequently, we cannot conclude applying section 160.607(a) violates his state due course of law guarantee.

 

[Rushia]

This is a good point.

I was wondering why couldn't you work with the father? Why the ex-girlfriend? She's played her hand and her child is now with someone else full-time. I understand your need to get to know your child but location shouldn't matter.

This is why my ex loves me. As much as we couldn't stand each other, we didn't take it out on our children. We never tried to teach them that our new SO's were new "mommy" and "daddy. However, at this point, we both agree if the children want to call them such, we don't care. LOL, I think we adults are more confused than the children are. SM and I will be standing together and our son runs up yelling "MOM...etc", and I'll ask him what he wants and he says (with a total DUH look on his face) "Not you, my other mom."

 

[LdiJ]

However ----


ITTO SCL
Tex. App. - Dallas, 2005

That case doesn't guarantee that the bio-dad will win a paternity challenge...it just guarantees that he has the right to be heard. Not that he has the right to win.

The legal parents in that case were attempting to prevent the bio dad from being heard at all...to deny him standing to bring forth a case.

 

[ceara19]

It takes more than shared DNA to be a father. Even if you can find a judge willing to accept you as the biological father after all this time, it doesn't mean that the custody arrangement will be changed.

Not only are you wanting to rip this poor child away from the only father he has known, you want to turn him over to a mother that lost custody of that child. Judges don't just take joint custody away from a parent on a whim in Texas. How good of a parent do you think she really is? She LIED to everyone involved for over 10 years and only chose to tell the truth because it suits what SHE wants.

If a judge does take paternity away from the ex husband, are you going to repay him for raising and caring for YOUR child all these years? You do know if you are declared the bio dad and give mom custody you will have to pay child support to her, don't you?

 

[Kane]

That case doesn't guarantee that the bio-dad will win a paternity challenge...it just guarantees that he has the right to be heard. Not that he has the right to win.

The legal parents in that case were attempting to prevent the bio dad from being heard at all...to deny him standing to bring forth a case.

They say if a putative father wants to challenge a presumed father's paternity, he has the right to do so, but it must be done within four years.

 

[LdiJ]

They say if a putative father wants to challenge a presumed father's paternity, he has the right to do so, but it must be done within four years.

Yes, he has the right to "challenge" that. That doesn't guarantee that the challenge will be successful.

This bio dad will also be likely to be given the right to "challenge" the paternity because he just found out about the child. However, after 10 years of legal fatherhood, the legal dad really does have a strong chance of keeping legal fatherhood.

 

[jslopez711]

Yes, he has the right to "challenge" that. That doesn't guarantee that the challenge will be successful.

This bio dad will also be likely to be given the right to "challenge" the paternity because he just found out about the child. However, after 10 years of legal fatherhood, the legal dad really does have a strong chance of keeping legal fatherhood.

You are correct. And as I've seen them, they do. You gotta know the father loves the child dearly if he fought for custody of him against his mother and won.

That said, OP has to get the court to order Genetic Testing as per the family code. The best case scenario here is that Bio-Dad(OP) will get standard Texas visitation. After 10 years, it is not in the best interest of the child to "change dad's" especially with the new set of changes to the code that deal with adolesence.
There are some sections in the code that address the false persumption of paternity but I still have to wrap my head around them before I can make a statement.

 

[ceara19]

Yes, he has the right to "challenge" that. That doesn't guarantee that the challenge will be successful.

This bio dad will also be likely to be given the right to "challenge" the paternity because he just found out about the child. However, after 10 years of legal fatherhood, the legal dad really does have a strong chance of keeping legal fatherhood.

Exactly! Most judges are not going to look favorably at a mother that wants to play "musical daddys" because she's not happy with the court order.