Legal Question in Family Law in Texas
Flase Claims of parenthood.Now we want he child
4 years ago my husband was told that he was the father of a baby girl. He believed that this was true so the mother of the child name the child with his last name. At the age of 6 months the child begin to live with us and still lives with us today. The child is now 4 and we are running in to problems with the mother. She is claiming that the child is now not my husbands and that she wants to have her back. The problem is that the mother is on drugs and has had past CPS cases opened on her. How can we provent her from taking the child from us?
2 Answers from Attorneys
Re: Flase Claims of parenthood.Now we want he child
I would get a DNA test immediately. It can be done with the child and father only. It is a mouth swab so no pain in involved. It costs several hundred dollars but it well worth it.
It should be 99% accurate. Please be advised that they NEVER come back 100% accurate. If he is EXCLUDED as a possible father, then you can be assured the child is not biologically his.
If the man is the father, file paternity and seek custody. Since it appears you have the child for over 6 months continuously, custody should not be a problem.
If he is not the father, and you have had the child over 6 months then you still might have standing to have custody of the child.
You might have to consider an attorney ad litem to represent the child's best interests and a social study of both homes. These sorts of things cost extra money -- but is often money well spent.
You need to talk to an attorney about your options.
If you live in the Houston area, you can call me at 713-847-6000.
Best of luck!
Re: Flase Claims of parenthood.Now we want he child
From your message, it sounds like your husband has been acting as this girl's father for at least four years. If that is the case, the first question your husband has to answer for himself is, does he care if he is really the biological father. Would he still want to be this girl's father and have custody? You didnt mention what if any court orders have be allready entered. If none, and you and your husband have had possession of this child for more than six months, then you can obtain custody regardless of whether or not your husband is the biological father. If you want to protect this girl from her mother, then I suggest you file for custody. Good Luck.
John Pfister
972-712-9208
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
