paternity testing

[mannymanuel00]

Texas,

I have a situation where I got involved with this lady who was married at the time. I was in the military stationed in Germany. The lady got pregnant ( she already had an eleven year old son) even though she was living with her husband. She stated that teh child was mine. We spent a lot of time together, about four days or more a week. The problem is that she never showed me proper pregnancy documentation. I returned to the states first, then she did. I called to ask about the baby, which was born in 1995. Supposely, according to her, she divorced in the same year the baby born. I asked to begin paperwork to begin paternity test. She vehemently refused because she was scare to what her ex-husband will do if he findout that was not "his" child.

I was pushing hard to do the test, but she still refused, and finally, she said that she went to court in Texas to request child support increase and that her ex- hubby requested a test done on the child. She said to me, " that the court told her hubby that the kid was positively his". No percentages, no nothing else. Only the word "positive". Still she did not send me any paperwork to back up what she said.

I let the time pass by but in my mind, I still believe that there is no closure to the situation. I do want to put closure to this.

My questions are:

1) - Does the court allows a wide gray line by telling the man that the test was "positive" without any percentage of positive testing? How is the DNA testing procedure done while requesting child support increase? Is that possible or might be another lie?

2) - Can I ask the court to initiate a DNA testing on the lady based on presumptions that the child might be mine?

3)- Doing so, will I be subject to any legal retributions or litigations if the child is proven to be mine instead of the other "dad" and would be the consquences?

Please help!!

 

[hexeliebe]

1) - Does the court allows a wide gray line by telling the man that the test was "positive" without any percentage of positive testing? How is the DNA testing procedure done while requesting child support increase? Is that possible or might be another lie?

You would have to know the state in which the proceedings were held, the judge and exactly what went on in the courtroom. As to the possibility of a lie, it could be. How would you know without a court transcript or case number.

2) - Can I ask the court to initiate a DNA testing on the lady based on presumptions that the child might be mine?

That depends on when the above case was adjudicated (when it was decided.

According to § 160.609. Time Limitation: Child Having Acknowledged or Adjudicated Father of CHAPTER 160. UNIFORM PARENTAGE ACT of the Texas State Statues:

"(b) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is not a signatory to the acknowledgment or a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than the fourth anniversary of the effective date of the acknowledgment or adjudication."

Therefore, you have four years from the date of the final decision of the above case. Or, if it turns out to be a lie, your time to contest paternity has passed.

3)- Doing so, will I be subject to any legal retributions or litigations if the child is proven to be mine instead of the other "dad" and would be the consquences?

If the statute of limitations to bring such an action has not run out and if you are found to be Daddy, then yes, you will be responsible for support but also have rights to custody and visitation.

As for legal retributions for having a child with another man's wife, only if the other man gives a damn. And, at this point, he probably doesn't.

 

[OnlyOneVoice]

Ton's of things are possible, but I would recommend you contact a family law attorney asap.

I doubt there will be legal retributions against you since the bio-mom presented the child as biological to her husband.

You may be able to force the issue and if the baby is her husband's you have closure. If it's not, you set yourself up to be required to pay child support for the next 10 years. If you don't mind that then go for it.

Also possible is that the former husband can (if the child is determined not to be his) sue the mother for all the wrongfully obtained child support.

(This would be civil and not familial court).

But as far as legal retribution for you I doubt there will be any.

Bio-mom may be in a world of crap though.

 

[mannymanuel00]

The event started in 1994, the baby was born in Aug. 1995. The mom reside in Aurora, Colorado. I am living in Texas in active army duty. At this point the child is 8 years old.

Did my time to take any action is over or still there is a any chance to do something about it?
If so, what I can do to put a closure to this situation?

 

[hexeliebe]

The event started in 1994, the baby was born in Aug. 1995. The mom reside in Aurora, Colorado. I am living in Texas in active army duty. At this point the child is 8 years old.

If the court case (and here I'm referring to the case that decided the husband was the father) took place in Colorado then that's where you'll have to contest paternity.

Here is what you will be facing:


Colorado Revised Statues:

CRS 19-4-105. Presumption of paternity.
(1) A man is presumed to be the natural father of a child if:
(a) He and the child's natural mother are or have been married to each other and the child is born during the marriage, within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity of marriage, dissolution of marriage, or divorce, or after a decree of legal separation is entered by a court;

CRS 19-4-107. Determination of father and child relationship - who may bring action - when action may be brought.
(2) Any interested party, including the state, the state department of human services, or a county department of social services, pursuant to article 13 or 13.5 of title 26, C.R.S., or article 5 of title 14, C.R.S., may bring an action at any time for the purpose of determining the existence or nonexistence of the father and child relationship presumed under section 19-4-105 (1) (d), (1) (e), or (1) (f).

Therefore, from my brief reading of the statutes in Colorado, you can still contest paternity. However, and I can't stress this enough, you need to contact an attorney in Colorado because that's where the action will need to be filed.

 

[mannymanuel00]

paternity test

Thank you so much for your advice.
Certainly I will look for a lawyer in the area knowledgeable in that matter or if anyone has a list of lawyers who deals with this kind of situation I will appreciatte if is emailed to me that information.

Thank you again to both of you.

 

[christinaylor]

Have you gone to JAG about this? They will help active duty with some custody issues. If nothing else, they can give you some advice as to where to start and also an attorney referral list.