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I have a 5 year old who was born in my marriage. However isnt

I have a 5 year...
I have a 5 year old who was born in my marriage. However isn't my husbands child. He has been involved in her life without any courts. He now is trying to take custody of her after establishing genetic testing. Can He just come in and do such?
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Answered in 6 minutes by:
6/1/2011
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,576
Experience: Attorney with 17 years experience
Verified

Hello,

.

When did father establish paternity through the DNA test?

.

How long has father been involved with the child? Since birth?

.

Does child know that he is her biological father?

.

When you say "saw her every other weekend" did he take the child for activities?

.

.

thanks

Barrister

 

.

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

 

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Customer reply replied 6 years ago

No DNA has ever been established. My husband was the presumed father being we was married and living together when she was conceived.

 

She was 9month approx. when I first introduced her to her other family.

 

It wasn't until she was 3.5 yrs of age before I began to allow her to visit with her other family every other weekend. Starting on a Friday and ending on a Sunday.

 

My daughter relizes she has two dads. However I don't believe she understands Why just yet, she's only 5.

 

My husband never did agree to my dection. Now the other dad is trying to take her away. My husband is trying to find out his rights and if there was a time limit for which the other dad should of filed a suit with the courts if he wanted to continue full access.

 

 

Customer reply replied 6 years ago

today we was notified that the Intervenor placed a TRO. Until a court day in 20 days which he is then court papers say

 

The preceding temporary restraining order should be made a temporary injunction pending final hearing.

the additional temporary injunction prayed for should be granted.

Intervenor should be appointed temporary sole managing conservator of the child.

the court should order reasonable periods of electronic communication between the child and intervenor to supplement intervenor's period of possession of the child.

 

Intervenor Respondent should be denied access to the child or, alternatively, the court should render a possession order in accordance with sec. 153.004(d)(2) of the Texas Family Code or providing that Intervenor Respondent's Periods of visitation be continuously supervised.

the court should order the psychological evaluation of the parties and the child.

the cour should order the parties to attend a parent education and family stabilization course

 

Ok, I misunderstood your comments to mean that he had already had genetic testing done and has been confirmed the biological father.

.

This is covered under TX Family Code 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER.

.

(a) Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than the fourth anniversary of
the date of the birth of the child
.

.

(b) A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that:
(1) the presumed father and the mother of the child did not live together or engage in sexual intercourse with each other during the probable time of conception; and
(2) the presumed father never represented to others that the child was his own.

.

.

So bio father would have had to file a paternity action before the child's fourth birthday in order to establish his parternal rights. Since he has failed to do so, your husband, as presumed father, will now permanently be considered the child's father.

.

His filing for a TRO apparently will give him additional rights to contact with the child, at least temporarily until a judge hears the case.

.

But the law still states that he would have had to file a paternity action before the child's 4th birthday.

.

.

thanks

Barrister

 

.

 

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,576
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
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Customer reply replied 6 years ago
So does that law still stand when I was allowing him visitions and accepting $200.00 per month.

Well, even if you allowed informal visitation, the law is very specific that he would have had to act to protect his rights to paternity before the child turned 4 to preserve them.

.

The truth of it is that while the law says he loses, a lot of it will boil down to the judge and what s/he wants to do in the case.

.

.

thanks

Barrister

 

.

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

 

Ask Your Own Family Law Question
Customer reply replied 6 years ago

How should we approach the courts with this information?

 

And ask the courts to dismiss the case and acknowledge my husband as her father?

 

 

I wouldn't suggest doing it without a family law attorney to assist and counter any arguments that he may have. It sounds like he may already have an attorney based on his filings. And it is never good for a layman to go up against an attorney in the courtroom. But if you are going to try it on your own, you would draft up and file a motion to dismiss based on that particular law I cited above. You would basically state that he is attempting to prove paternity. The child is now 5 years old (attach a copy of the birth certificate). TX Family Code 160.607 clearly states that any action to disprove paternity of a presumed father shall be commenced by the child's 4th birthday. Since he has not acted in accordance with the mandatory provisions of the law, his action should be dismissed with prejudice and husband should be formally recognized as the child's parent.

.

.

thanks

Barrister

 

.

 

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Ask Your Own Family Law Question
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Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,576
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Experience: Attorney with 17 years experience

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