Biological Father's Rights?

[johnj1978]

I live just outside of dallas. My ex-girlfriend who i dated 9 years ago has just now told me that believes (not 100% sure) that I got her pregnant, she covered it up because she was seperated from her husband at the time. We are looking into a DNA test. I would like to know my rights if it does
come back that i am the father of this 8 year old girl. She says that
she is paying child support to her ex-husband while he raises their 3
kids with his new wife. Her ex-husband has his name on the birth
certificate. This is all coming as a big shock to me. I have my
daughter who was born almost 2 years ago and was never expecting this.
I have seen photots of the girl and I don't believe that she looks
like me, although I could be wrong. She says that she wasn't sleeping
with her husband at the time of december 1999, and the daughter Lauren
was born in september 2000. I do recall sleeping with her once but
don't remember the month. Could I legally simply walk away? Is there
a statue of limitations? She says that the daughter is happy in their
home. I would greatly like a reply. Thank You

 

[irish223]

There isn't exactly a statute of limitations on paternity. However, the child already has a legal father. He is raising her. Since the couple was married when the child was born, and since the father has raised her for 9 years, there is no court that would allow you or anyone else to challenge the paternity. It simply would not be in the child's best interests.

Can you legally walk away? ABSOLUTELY!! In fact, I suggest you RUN away from the mother of this child. After 9 years, she's claiming that you may be the father? Why? For what purpose? Why would she want to destroy the relationship between her daughter and the child's only legal father? She sounds like a bitter, vindictive woman to me, who lost custody of her children and now wants to hurt her ex.

 

[jacksgal]

I totally agree with Irish on this. Sadly children are often used as tools to hurt when spouses break up. Anger and hurt have a way of making adults make poor choices. This isnt about fixing a wrong if there was one. Its about hurting her Ex. In process it will hurt the child.

 

[Duranie]

I agree the mom has waited far too long to tell you this, and she was married at the time of birth so her husband is the legal father. It is likely too late for anyone to dispute this. I would completely stop communicating with her. I would NOT do a DNA test. I have to question moms motive for doing this 9 years later. She is probably bitter and mad at her ex husband and wants to throw it in his face that one of his kids is not "his". Even if the DNA test comes back you are the father, it will not do much good, the courts likely will not act on anything. Imagine how many woman have tricked their husbands into thinking kids are theirs. It is possible it is his child, or someone else's even. Maybe her ex has a clue it is not his who knows. He is the legal father though and this DNA test probably will not change that. At this point it doesn't matter if you are the bio dad or not. Tell this woman you want nothing to do with this and tell her to have a nice life.

 

[johnj1978]

Thank you to all. I have been losing a lot of sleep over this, but feel better now. I will be trying to avoid the DNA test and knowing that the child is safe, I will try to move on. Thanks

 

[Duranie]

You have every right to not do the DNA test unless it is court ordered which it probably isn't. If this is just her test then ignore her. You might want to talk to an attorney just to make sure there is no legal loophole that allows her to change daddies this late in the game. Unless the DNA test is court ordered, ignore it and stop communicating with her.