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Paternity fraud

Discussion in 'Other Family Law Matters' started by Bucky7405, May 14, 2018.

  1. Bucky7405

    Bucky7405 Law Topic Starter New Member

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    Jurisdiction:
    Texas
    I recently found out that I have a daughter. She was 22 when we discovered this. Her mother left the area and I had virtually no contact with her. I am heartbroken that I missed her life, and that she feels no connection to me whatsoever. Is this a civil case, and is it actionable?
     
  2. txls

    txls Well-Known Member

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    What action? You can't get the years back.
     
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  3. Bucky7405

    Bucky7405 Law Topic Starter New Member

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    No - but her actions have caused me significant mental anguish, and I wish her to realize that her actions have consequences
     
  4. txls

    txls Well-Known Member

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    So again, what type of action do you want to seek? Sue her for money?
     
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  5. Bucky7405

    Bucky7405 Law Topic Starter New Member

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    Well, I’m looking for some legal remedy (money is the only thing I can think of, at the moment). But it really is the principal of the thing...she did this knowingly, and only admitted to it after she got caught.
     
  6. txls

    txls Well-Known Member

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    Okay I don't know I mean she didn't do anything illegal, so perhaps a civil suit. You'd best talk to a lawyer first. I'm wondering if she could then sue for back child support. Wouldn't that be a kick in the pants.
     
  7. mightymoose

    mightymoose Moderator

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    There is no action to take.
    The consequence of this will be the anger/frustration your daughter feels knowing that her mother deliberately denied her a relationship with her father when she was young.
    You haven't missed out on her life. She is 22 and has a long way to go. Salvage what you can and make the best of the time you have left.
     
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  8. txls

    txls Well-Known Member

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    Be patient. Someone else will be along soon with perhaps a better answer for you.
     
  9. Bucky7405

    Bucky7405 Law Topic Starter New Member

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    In the last conversation I had with my daughter, she told me that:

    A) she doesn’t remember ever saying that she wanted to meet me at all
    B) that the time we spent together when we first found out was a ploy by her ex-husband to get back at her mom (they hated each other)
    C) that she doesn’t feel like she lost anything without me in her life - she’s had several “father figures” in the course of her life, and doesn’t really need another.
    So, in as much as having a relationship with my daughter -I have nothing left to lose
     
  10. army judge

    army judge Super Moderator

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    Was her connection to you proven by paternity testing?
     
  11. Bucky7405

    Bucky7405 Law Topic Starter New Member

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    Yes - we took a DNA test within a week of finding out, and it was indeed confirmed
     
  12. army judge

    army judge Super Moderator

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    If the woman who gave birth to the child wasn't married to you, it wasn't legally your child.

    If the woman who gave birth to the child was married at the time of the child's birth, legally THAT man is the woman's father.
     
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  13. army judge

    army judge Super Moderator

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    The test was taken 22 years after the birth of the 22 year old woman?
     
  14. Bucky7405

    Bucky7405 Law Topic Starter New Member

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    Yes - my daughter was also unaware of my existence, her mother having lied to her as well. It wasn’t until she took a DNA test with who she thought was her father, and it came up negative, that she confronted her mother, who admitted to it
     
  15. army judge

    army judge Super Moderator

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    One more time....................

    Was the woman who gave birth to the girl baby married to another man at the time she birthed the girl?

    Were you a single man, or married to another woman when the 22 year old woman was born?
     
  16. Bucky7405

    Bucky7405 Law Topic Starter New Member

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    No, she and I were both single at the time. I got married 4 years later, and she’s been married 4 times - but NOT when she was conceived
     
  17. army judge

    army judge Super Moderator

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    If the mother is married to someone other than the biological father at the time of the child’s birth or the baby is born within 300 days of her divorce from a man who is not the biological father, that man is the presumed father.

    The biological father cannot become the legal father by signing the Acknowledgement Of Paternity Form until a presumed father, if any, signs the Denial of Paternity Form, which is part of the Acknowledgement Of Paternity Form.

    If the Denial is not signed, either biological parent can open a case with the Attorney General or establish paternity through the courts.

    However, most legal remedies become unavailable upon the minor child becoming an adult.

    Retroactive Child Support -
     
  18. army judge

    army judge Super Moderator

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    You are now free to forge a father-daughter relationship with the 22 year old woman, if that is what BOTH of you wish to do.
     
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  19. Bucky7405

    Bucky7405 Law Topic Starter New Member

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    Thank you for your advice - I guess I have no recourse at all, then.
     
  20. txls

    txls Well-Known Member

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    Well again there really isn't anything that will "resolve" the matter or correct the matter. She was not under any legal obligation to tell you about the child. Maybe she wasn't even sure. Maybe she was scared to tell you, maybe she thought you wouldn't want to know, I don't know. I get that you are angry and you want to punish the mother. You need to work that out in counseling. Going after the mother to punish her in some way could also backfire on you by further alienating the daughter.
     
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