1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Rights to child

Discussion in 'Paternity Law & DNA Tests' started by Alan P Holly, Feb 10, 2019.

  1. Alan P Holly

    Alan P Holly Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Texas
    I was married for 16 yeara during which time my ex wife cheated on me. During the divorce a paternity test was done and i found out my youngest son was not mine. I was advised by a lwayer to not try to seek custody of child because the child didnt know and since my ex still told him i waa his father and i was treated as such. We share custody of all 4 of our children. Recently my son has been having aome issues which have gim going to councillors and drs. Now my ex keeps making up reasons every week why i can not see him . i have access to my other 3 children. How do i fight this? Do i need to go to the real father and get him to sign or do something because he wants nothing to do with the child and i am hearing he barely pays child support for him. Can i adopt him or do something legally so i can have rights to him?
     
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,106
    Likes Received:
    1,163
    Trophy Points:
    113

    Explain this contradiction:

    Did your divorce decree address custody and visitation of all 4 children without distinguishing between bio and non-bio children?

    If yes, then you should be able to go to court and enforce visitation.
     
  3. mightymoose

    mightymoose Well-Known Member

    Messages:
    9,845
    Likes Received:
    1,378
    Trophy Points:
    113
    If you were married when the child was born it is legally your child, despite the paternity test, and the biological father is not a factor unless/until a court declares otherwise.
    If this was not addressed in the divorce it or aother time since then you have the same rights regarding the one child as you do the other three.
     
  4. leslie82

    leslie82 Well-Known Member

    Messages:
    1,578
    Likes Received:
    180
    Trophy Points:
    63
    So did you get any type of custody or visitation of the non-biological child? It sounds like you did despite your lawyer saying don't file for custody.

    If you have court ordered visitation with your children - she can't keep the kids from you. Not even the non-biological child.

    We found out my youngest brother was technically the result of my mom's affair (who she left my dad for and married) when he was 12. But - my dad still had court ordered visitation even with a paternity test and legally was and is his father. They couldn't even change my brother's last name with that - they guilted him into it when he turned 18.

    My mom would violate the visitation plan sometimes my dad just couldn't afford to take her back to court. There was at least two times she came and picked him up early from his weekend but my dad was at work and didn't stop her. I didn't know what I could do at the time (I was in college). Like one time he didn't answer the phone right at 10 pm when she called to check in because he was with me at my best friend's house and we were playing cards all night (this was before everyone had cell phones). The next day she came and got him. She did it another time. She did send child support back that my dad paid after the paternity test though...but my dad didn't care about that. He just wanted to see my brother. That's his kid despite what a DNA test says. That other guy is a sperm donor pure and simple and has yet to act like his dad.

    You are that child's father and the only father he knows so fight for him. Take her ass to court for contempt if you have to because she won't let you have your visitation. Don't let her push you around.
     
  5. KatDini

    KatDini Well-Known Member

    Messages:
    1,162
    Likes Received:
    201
    Trophy Points:
    63
    If you share custody of the boy with his mother, then how does the boy's 'real' father figure into this? Is the putative Dad court ordered to pay child support? If so, your paternal rights would have to have been set aside and his rights established. I would think that a consultation with a local attorney is going to be your best bet to figure all this out. Take all your paperwork with you.

    Acknowledgment of Paternity & Denial of Paternity
     

Share This Page