Legal Question in Family Law in Texas
father for 5years i believed she was my daughter i had her almost every weekend.i love her with all my heart.her mom and were together for 5years she told me she was pregrant so i started planning for our daughter,bought a house got everything for our daughter.bout 3months after our baby was born her mom started acting different i asked her if she was cheating she said no.after that i had gone out of town for work i found a letter where she said she was cheating and said it was with a woman i tried to make it work but there were so many lies so we went our own ways but i gave her monet and i saw my daughter almost every weekend my mom had her since she was 3 month old and they are very close.in2010 my daughter who is 3 say her moms boyfriend is means to her i call her mom she say my daughter is lying so everything went back like before in dec.of 2011 she came to me again so i told her mom i want to get to the bottom of this i took her to a counselor and from that point i have not seen or talk to my daughter.on dec.22 she texted my mom and told her she is not my daughter our heart are broken what rights do i have i dont have a lot of money but i love my daughter so much.what can i do can i still have rights to my baby.my name is on her birth certicate and the a.o.p.please help.
1 Answer from Attorneys
I'm sorry you're being out through all this. First of all, I don't know, and neither do you, whether she's your biological daughter or not. Somehow, it wouldn't much surprise me if that was just the latest thing her mother cooked up to try to hurt you/get you off her back/draw attention away from whatever this possible abuse situation is. It's actually possible that she herself doesn't even know who the real father is.
I'm assuming from what you've saud here there is not currently a custody order or anything else in effect. Even if tou signed an acknowledgment of paternity, even if you've been paying her mom support all along, unless there is a court order out there saying that you have the right to have your daughter with you at certain times, you don't really have any enforceable rights at all. If you want to change that, you'll have to go to court to formalize things (file a SAPCR: "Suit Affecting Parent-Child Relationship"). If she wants to raise this latest claim that you're not the biological father at that point, she can do that, and the court will order that you and the child be DNA tested so that can be determined. If that happened, and it was determined that you're not the father, you wouldn't have legal custody or any of the normal parental rights and responsibilities (re child support, school, health care, finances, etc.), but I believe that you would be allowed periodic access to her, so that your relationship wouldn't be completely destroyed. Good luck.