Legal Question in Family Law in Texas
I attend mediation tuesday 5-24-11(both parties pro-sey). To begin. I just seperated after 10yr relationship(never married). Four years ago we had a son. We lived together for four years as a everday family. We seperated march 31, 2011(left w/child). I petitioned. She responded. She request DNA test. DNA excluded me as the father. Judge then orders mediation(5-11).
Now me...I havent seen the child since march 31. I went from being a everyday dad to fighting to see my son, fighting to be a father of a child I have been raising since he was born, thats not genetical mine. I dont have the emotion to give up on the child.
What am I to expect from mediation? How do I prepare for mediation? How do I get anything if possible to go my way? What are my chances, realistically of getting joint custody?
1 Answer from Attorneys
The exact dates are really important here. If the child is over 4 years old and you have always represented to others that the child is yours, then it's too late to exclude you as a parent. Here's the relevant portion of the Texas Family Code Section 160.607(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."
On another note, you are making a HUGE mistake by going to mediation without an attorney. I can't begin to predict how it's going to turn out for you. You don't have any idea how family law works (why would you--it's not party of your every day job) and therefore you have no idea what your rights and duties are.
I don't even know if you could get an attorney to take your case on such short notice. You would probably have to move the mediation to another date. But again, going in alone is a gigantic mistake.
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