Paternity Fraud Victim Right's

[gtzdad]

What is the name of your state (only U.S. law)? TX

A father that never married the mother finds out after 5 years the child isn't his. He raised the child as if it were his, was there everyday, helping with homework, etc...like any good parent would. He wants to continue the relationship with the child, but does not want the financial obligation of supporting the child. Can he petition and successfully attain visitation rights?

If the real Dad was to be located at some point and he received visitation rights as well, how would the court deal with 3 people having visitation rights with a child like that?

 

[Silverplum]

What is the name of your state (only U.S. law)? TX

A father that never married the mother finds out after 5 years the child isn't his. He raised the child as if it were his, was there everyday, helping with homework, etc...like any good parent would. He wants to continue the relationship with the child, but does not want the financial obligation of supporting the child. Can he petition and successfully attain visitation rights?

If the real Dad was to be located at some point and he received visitation rights as well, how would the court deal with 3 people having visitation rights with a child like that?

Pick a life and live it. Either be Dad or don't. Parenting is not a buffet wherein one can pick and choose the parts one likes and reject the parts one does not.

 

[truebluemd]

What is the name of your state (only U.S. law)? TX

A father that never married the mother finds out after 5 years the child isn't his. He raised the child as if it were his, was there everyday, helping with homework, etc...like any good parent would. He wants to continue the relationship with the child, but does not want the financial obligation of supporting the child. Can he petition and successfully attain visitation rights?

If the real Dad was to be located at some point and he received visitation rights as well, how would the court deal with 3 people having visitation rights with a child like that?

If dad is not the biological dad, he has no rights to the child whatsoever. Its up to mom whether or not she wants him around the child. The real dad can petition for visitation rights while the child is still a minor.

And what makes you think you can be a parent and not be required to financially support the child....jeez

 

[gtzdad]

Pick a life and live it. Either be Dad or don't. Parenting is not a buffet wherein one can pick and choose the parts one likes and reject the parts one does not.

In the same instance, grandparents can petition for visitation and access if they have had a significant role in rearing the child, without the obligation of support.

 

[Silverplum]

In the same instance, grandparents can petition for visitation and access if they have had a significant role in rearing the child, without the obligation of support.

I'm done with playing the hypotheticals.

 

[cyjeff]

If dad is not the biological dad, he has no rights to the child whatsoever. Its up to mom whether or not she wants him around the child. The real dad can petition for visitation rights while the child is still a minor.

Don't forget that the court will still make a judgment as to what is in the best interests of the child.

The court may decide that the relationship should continue forward as it has until now.

I do also agree with the above.

You want to be Dad, you get to pay.

 

[cyjeff]

In the same instance, grandparents can petition for visitation and access if they have had a significant role in rearing the child, without the obligation of support.

Grandparents are not parents.

Parents support their children financially. Grandparents do not.

 

[gtzdad]

If dad is not the biological dad, he has no rights to the child whatsoever. Its up to mom whether or not she wants him around the child. The real dad can petition for visitation rights while the child is still a minor.

And what makes you think you can be a parent and not be required to financially support the child....jeez

I'm talking about visitation and access, not legal rights. The legal rights of the non-bio dad would be terminated.

 

[CJane]

In the same instance, grandparents can petition for visitation and access if they have had a significant role in rearing the child, without the obligation of support.

In the same instance the child only has one set of grandparents - the MOTHER'S parents.

Also, out of curiosity, how much homework does a pre-five year old have to help with 'every day'?

Hypothetically Alleged Father has no rights at all. And he would be hard pressed to prove 'irreperable harm' to the child if he didn't gain visitation (with or without support) with a less than 5 year old.

 

[truebluemd]

I'm talking about visitation and access, not legal rights. The legal rights of the non-bio dad would be terminated.

You want to play dad but you want no legal rights as a dad. Then thats between you and mom. A family court only deals with the law, i.e. legal rights.

If bio dad does have legal rights, he can only get them terminated if the court takes them away for whatever warranted circumstances, or if he gives them up provided mom has a husband willing to adopt.


You obviously are no longer in the running as a husband

 

[gtzdad]

I'm done with playing the hypotheticals.

Well it's not really hypothetical, as the code provides that a court many not render an order that conditions the right of possession and access to the child on the payment of child support.

It also states that the rights and duties of the non-parent possessory conservator are:

the duty of care, control, protection, etc...

the duty to provide clothing, shelter, etc...

the right to consent to medical treatment blah blah.

So the court may order a person specific to my situation I posed to have access and visitation but no obligation of support. At this point, the person ceases to be a parent to the child in the legal aspects of it and is there because they formed a close bond with the child that should not be broken. To base a determination of possession and access on the condition that the person requesting must pay support when they are a non-parent is not only unfair, but against Texas law.

My question was about whether the non-parent can petition and successfully acquire visitation without the duty of support given the circumstance (which I answered myself). More importantly, what will happen when the absent without knowledge father comes to find out he has a child and wants visitation as well. How would that work with 2 people having visitation?

I understand that the scope of the "best interest measurement" is broad and allows for the discretion of the trier of fact, judge or jury. What I'm hoping to be answered is if anyone had recent experience with this or knowledge of such a situation and the outcome.

 

[Ohiogal]

Truthfully, you are not a fraud victim. Rather you are a fraud participant. YOU could have requested a DNA test BEFORE announcing legally you were daddy. Instead you waived that right knowingly, voluntarily and willingly when you signed the AOP. So just because you are done "playing" daddy and engaging in fraud doesn't mean you can quit the game. You are legally daddy. Unless biological daddy steps up and wants to establish paternity, you have a child.

 

[gtzdad]

Truthfully, you are not a fraud victim. Rather you are a fraud participant. YOU could have requested a DNA test BEFORE announcing legally you were daddy. Instead you waived that right knowingly, voluntarily and willingly when you signed the AOP. So just because you are done "playing" daddy and engaging in fraud doesn't mean you can quit the game. You are legally daddy. Unless biological daddy steps up and wants to establish paternity, you have a child.

I disagree. The code says that if the child was born out of wedlock, then the alleged father has an unlimited amount of time to challenge paternity, and a child born within wedlock the father has from birth, 4 years to challenge paternity.

Mom knew when she got pregnant that there was the possibility of more than one father, and the man assuming mom had been faithful (fraud happens within marriage as well, so can't separate the two) signed the birth certificate or AOP. He acted on the trust and faith in his partner be it spouse or girlfriend that he is the father. Mom committed fraud, the man just fell victim to it.

 

[gtzdad]

Truthfully, you are not a fraud victim. Rather you are a fraud participant. YOU could have requested a DNA test BEFORE announcing legally you were daddy. Instead you waived that right knowingly, voluntarily and willingly when you signed the AOP. So just because you are done "playing" daddy and engaging in fraud doesn't mean you can quit the game. You are legally daddy. Unless biological daddy steps up and wants to establish paternity, you have a child.

I have an immense respect for you, and I know you have a great deal of knowledge along with many others. I'm not trying to argue with anyone over semantics and personal feelings in the matter. I just want an answer to know what could happen should a non-parent conservator have a bio-dad request visitation and access after finding out he had a child? Would the non-parent lose their possession and access? I'm under the impression that the "best interest measurement" is likely going to take precedence over anything else.

 

[CourtClerk]

I disagree. The code says that if the child was born out of wedlock, then the alleged father has an unlimited amount of time to challenge paternity, and a child born within wedlock the father has from birth, 4 years to challenge paternity.

According to the Texas OAG's office:

What if one or both parents change their mind after they have signed the AOP and it has been filed at BVS?

Anyone who signed the AOP may file a petition to rescind it. The petition must be filed in court within the first 60 days after the AOP has been filed with BVS or before the first court hearing, whichever is earlier.