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Thread: TX,How to prove you are not the dad & get your name removed from a birth certificate Texas

  1. #31
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    Quote Originally Posted by persephonegoddess View Post
    Read mine. I meant what I said as well and you all know its true and so do the OPs. Even though I have only posted twice, I have been reading this forum for over 2 years now. So yeah my "generalizations" arent as off base as some want to believe. Me offer legal advice I did, though 3 or 4 out of the what 7 posters on this thread did not. Not ready to tell your "buddies" the same thing?
    Of course not an lawyer cant change the law, but im sure its their job to know more than ANYONE on this forum does. If the lawyer tells them "Im sorry there is nothing that can be done" " Or I have not seen this being changed in the past" then they dont have a choice but to move on. To the OP and her family , im sure there is the fear of being served with child support papers in the future knowing he isnt the father and being made to pay child support. Though our elected officials are trying to get a bill passed that will allow fathers, who have been ordered to pay child support but took dna test after the fact and not to be the father, to not have to continue to pay child support. This bill is years away though and it is not clear on how it will be received by the public.
    Now I know why you didn't offer any legal information. You have no clue as to what you are saying.

    1. The man in question IS the legal father. He CHOSE not to rebut paternity.
    2. If you read the statute I posted, you will see that that provision already exists. He had 4 years from the date of paternity to file to disestablish paternity. He didn't do that. He has been, is, and will be the legal father.
    3. When a child support proceeding is initiated, notice is served and the father has the choice of signing the AoP or requesting a DNA test before the order is establihsed. If he comes back within 4 years with some evidence (ever the mother stating that he is NOT the father, Joe Blow the Milkman is) he can file to disestablish paternity via DNA testing.
    What about this do you not understand? I printed it out and even put it in a big blue box. Here, I'll do it again.

    Tx Family Code:

    160.307. PROCEEDING FOR RESCISSION. A signatory may
    rescind an acknowledgment of paternity or denial of paternity by
    commencing a proceeding to rescind before the earlier of:
    (1) the 60th day after the effective date of the
    acknowledgment or denial, as provided by Section 160.304; or
    (2) the date of the first hearing in a proceeding to
    which the signatory is a party before a court to adjudicate an issue
    relating to the child, including a proceeding that establishes
    child support.

    Added by Acts 2001, 77th Leg., ch. 821, 1.01, eff. June 14,
    2001.


    160.308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR
    RESCISSION. (a) After the period for rescission under Section
    160.307 has expired, a signatory of an acknowledgment of paternity
    or denial of paternity may commence a proceeding to challenge the
    acknowledgment or denial only on the basis of fraud, duress, or
    material mistake of fact. The proceeding must be commenced before
    the fourth anniversary of the date the acknowledgment or denial is
    filed with the bureau of vital statistics unless the signatory was a
    minor on the date the signatory executed the acknowledgment or
    denial. If the signatory was a minor on the date the signatory
    executed the acknowledgment or denial, the proceeding must be
    commenced before the earlier of the fourth anniversary of the date
    of:
    (1) the signatory's 18th birthday; or
    (2) the removal of the signatory's disabilities of
    minority by court order, marriage, or by other operation of law.
    (b) A party challenging an acknowledgment of paternity or
    denial of paternity has the burden of proof.
    (c) Notwithstanding any other provision of this chapter, a
    collateral attack on an acknowledgment of paternity signed under
    this chapter may not be maintained after the fourth anniversary of
    the date the acknowledgment of paternity is filed with the bureau of
    vital statistics unless the signatory was a minor on the date the
    signatory executed the acknowledgment. If the signatory was a
    minor on the date the signatory executed the acknowledgment, a
    collateral attack on the acknowledgment of paternity may not be
    maintained after the earlier of the fourth anniversary of the date
    of:
    (1) the signatory's 18th birthday; or
    (2) the removal of the signatory's disabilities of
    minority by court order, marriage, or by other operation of law.
    (d) For purposes of Subsection (a), evidence that, based on
    genetic testing, the man who is the signatory of an acknowledgement
    of paternity is not rebuttably identified as the father of a child
    in accordance with Section 160.505 constitutes a material mistake
    of fact.

    Added by Acts 2001, 77th Leg., ch. 821, 1.01, eff. June 14,
    2001. Amended by Acts 2005, 79th Leg., ch. 478, 1, eff. Sept.
    1, 2005 .
    HOOK 'EM HORNS!!!
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  2. #32

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    LOl get over youself little woman. He maybe the legal father because he signed the birth certificate but he isnt biologically the father. To most ppl, they dont know that even if DNA proves your not the father, and you have signed the BC, you still have to pay. It seems fair that if DNA proves negative, then courts must agree, but teh systems doesnt work that way. I have read and understand the statues tyvm, but what I said still stands, a lawyer with FREE consulation wont hurt anything and will give them a definite yes or no. If they just simply went off of what you said, there still will be questions hanging over their heads. Do you understand that?

  3. #33
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    Quote Originally Posted by persephonegoddess View Post
    LOl get over youself little woman. He maybe the legal father because he signed the birth certificate but he isnt biologically the father. To most ppl, they dont know that even if DNA proves your not the father, and you have signed the BC, you still have to pay. It seems fair that if DNA proves negative, then courts must agree, but teh systems doesnt work that way. I have read and understand the statues tyvm, but what I said still stands, a lawyer with FREE consulation wont hurt anything and will give them a definite yes or no. If they just simply went off of what you said, there still will be questions hanging over their heads. Do you understand that?
    Only if their comprhension skills are as poor as yours. There is no question is what the Tx statutes dictates. It's pretty dang clear.

    Now, I will ask again, what valid legal advice (other than go to an atty. If most could afford an atty, they would go there first) do you have to offer?

    I think most people know the relevance of DNA. If they didn't, they wouldn't be asking how to get a court to order paternity testing to prove he is not the father.
    Last edited by mommyof4; 09-28-2007 at 10:44 AM.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

  4. #34

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    I offered more "advice" than 3 or was it 4 of the 7 posters. Even if you cant afford a lawyer, they offer FREEEEEEEEE consulation. Your comprehesion skills are as bad as mine then. Again I will say, seeing how again your comprehesion skills are like mine, I UNDERSTAND the TX statues. This has already been talked to death. There is nothing more to say or "bicker" about.

    One question tho. Have you noticed that the fall is usually the busiest on this forum?Weird.Anyways , Have a good day.

  5. #35
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    "a lawyer with FREE consulation wont hurt anything and will give them a definite yes or no."

    ummm, no. A lawyer can't give them a definite answer. Only there take on the statute and case law.
    A judge is the only one who can give them a definite yes or no.

    And I went back and read all the posts and there was only 1 poster that didn't offer some sort of legal advice/knowledge.

    Oh- and I am a mom who pays child support and a stepmom whose husband doesn't receive the support he is owed (after mom abandoned SD to him). And I am happy to count these fine ppl as my "buddies". I can say none of the ppl on this particular thread fit your generalization.

  6. #36
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    Quote Originally Posted by persephonegoddess View Post
    I offered more "advice" than 3 or was it 4 of the 7 posters. Even if you cant afford a lawyer, they offer FREEEEEEEEE consulation. Your comprehesion skills are as bad as mine then. Again I will say, seeing how again your comprehesion skills are like mine, I UNDERSTAND the TX statues. This has already been talked to death. There is nothing more to say or "bicker" about.

    One question tho. Have you noticed that the fall is usually the busiest on this forum?Weird.Anyways , Have a good day.
    An atty may offer a free consultation, but that is going to be a very general discussion about whether or not the atty thinks he or she is willing to represent the potential client. The atty CANNOT give a definite answer. (the statutes, however, are clear).

    If you understand the TX statutes (well, I'm sure you do now that I highlighted and bolded the pertinent phrases) you would not have posted your general ramblings about some bill that is supposed to pass in TX allowing disestablishment of paternity. As you can see, this "bill" was passed a while ago....hence, the existing statutes allowing just that within the confines of the statute of limitations.

    Milspec, I like you, too.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
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    How do catch an ordinary rabbit?
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  7. #37
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    I sure as heck hope that perswhomever realized that my post explaining that OP was making a mountain out of a molehill re: firstborn rights AND life insurance was helpful. It surely was sarcastic. But, it absolutely WAS helpful. And accurate. legal. advice.

  8. #38

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    True Mommy, there were actually benefits to NOT being the "first born son" back then.

    She obviously knows where he is if she lives so close and has not attempted to file for support. At this point, it's kind of late to worry about.
    cyjeff
    Wait a minute.

    How is it fair to the CHILD to have his name removed from the geneology logs?

    You are penalizing the child for the dalliances of the mom and dad...and that isn't fair.

    How about welcoming your husband's son rather than treating him like a poorly maintained used car?
    turboway
    Honey, she may have just said that to keep you two from getting into an argument, my opinion on this is, if he was not the father, or at least having a good chance of being the father, then he would not have signed the birth certificate. I have a feeling that he still wants the child listed as his, or he would be on here stating that he wants taken off, and not you. How do you know, with her comment that she wants to get child support from the real father, that she was talking about him and only him? How do you know anything except what you are being told. What does your husband say about this now anyhow? Does he even know you are asking this on a legal site? Well, I guess it does not matter, no matter how much you do not want this child to be listed as his, he is, and the statute of limitations to reverse this is long overdue, so even if he is not his son, it is to late to do anything about it. She could go down right now and start collecting back child support, and he would have to pay arrears for all the years that he has not paid. I would not pursue this, for if this woman gets offended at your feelings on this issue, she may do just that. Is there a chance that that is really why you are here, because you do not want any of your guys money going from the family you have to the other boy. Whether they spend time together or not may not be enough to stop him from being garnished for back child support. I wish you luck, I know this is hard, but wow, if the child is aware of him saying he is the father, how do you think he is feeling about his "father according to the birth certificate" not spending time with him for 12-14 years? I feel more sorry for him than everyone else mentioned in this thread. Oh, since he signed the birth certificate, and never contested it in the 4 years, I don't think a judge would or could force her to give a dna test to prove if he is not the father, so sorry about that!
    moburkes
    Yep. She's making a mountain out of a molehill. First it was firtborn rights. Then it was inheritance and life insurance.
    Tell me plz how this is legal advice. Besides one person saying that the statutes ran out after mommyof4 posted the whole statues. Count them. How many is that ? I counted 4 and this was all BEFORE the OP posted this
    Wow, I guess if you don't want to know peoples opinions don't ask.



    This is hopefully my last post. I came here asking for advice and feel as though I have been browbeaten for asking what our options were. I have the answers I need and I hope you all can find someone else to vent to.

  9. #39
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    Why? Because there is no such thing, today, as firstborn rights. AND, having his name on that child's birth certificates will not affect life insurance if his agent shows him how to write out his beneficiaries - as, I, as an insurance agent, have been able to tell my clients how to do, for years.

    Why? Because I know what the heck I'm talking about. NOT speaking out of my backside. And, while she may have posted that link, I'm not sure what makes you believe (besides your own short-sightedness) that the others of us either, don't already know the answer because of our experiences, or, haven't looked up the information, but didn't copy/paste it, before posting.

  10. #40
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    Quote Originally Posted by persephonegoddess View Post
    cyjeff

    turboway

    moburkes

    Tell me plz how this is legal advice. Besides one person saying that the statutes ran out after mommyof4 posted the whole statues. Count them. How many is that ? I counted 4 and this was all BEFORE the OP posted this
    Because AFTER I posted the statute and she got the correct information, she kept on with the "what if" questions AND changed her reasoning.

    Again, I will point out that once again it was a woman wanting to know how to disestablish her husband's paternity of another woman's child. I find that a bit suspect. I don't care if Santa Claus is the biological father of this child. The fact is that her husband CHOSE to legally acknowledge the child as his and THEN let the statute of limitation run out. So, 12 years later the other woman has a problem with it? Tough noogies.

    If you have a problem with the way questions are posted and answered, feel free to find a board more to your liking. (I am begging you to go to FA. Really, you'll like it.) You might take into account, as well, that most of us "know" the other long time posters, so we actually know how to take most comments from others.
    HOOK 'EM HORNS!!!
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  11. #41

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    Quote Originally Posted by mommyof4 View Post
    Because AFTER I posted the statute and she got the correct information, she kept on with the "what if" questions AND changed her reasoning.

    Again, I will point out that once again it was a woman wanting to know how to disestablish her husband's paternity of another woman's child. I find that a bit suspect. I don't care if Santa Claus is the biological father of this child. The fact is that her husband CHOSE to legally acknowledge the child as his and THEN let the statute of limitation run out. So, 12 years later the other woman has a problem with it? Tough noogies.

    If you have a problem with the way questions are posted and answered, feel free to find a board more to your liking. (I am begging you to go to FA. Really, you'll like it.) You might take into account, as well, that most of us "know" the other long time posters, so we actually know how to take most comments from others.
    You think he LET the statute of limitations run out, or that he didnt KNOW there was a 4 year limitation, seeing how they never went to court? Does FA stand for forum administrator? Regardless if YOU know how to take your buddies comments, its about how the OP takes the comments. Isnt that the point afterall?

    As for as moburkes, the comment you original posted was simply seen as you being a smartass ,or sarcastic as you put it. It said absolutely nothing that the husband should make out his will and the criteria or procedures about that. You were simply mocking her. Plain and simple.
    Last edited by persephonegoddess; 09-28-2007 at 02:42 PM.

  12. #42
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    while not everything that was said by each person was all legal advice, there was only 1 person I could find who didn't offer any legal advice in any post. The poster kept continuing to ask the same questions and we kept stating the statute. At that point, it became her asking what ifs- that gets suspicions up. She started asking about geneology trees- that isn't even a legal question to begin with, so it could hardly be answered "legally". FA is freeadvice.com (you think we are mean- go visit)
    The fact remains that the man has known about the child for 12 years. If he was no longer with the mom, he shouldn't have trusted her to do what she said. It was HIS responsibility to make sure it was done. Not knowing the law or statute is no excuse. It doesn't matter that he didn't know there was a 4 yr statute of limitations. Ignorance of the law does not make you exempt from it.

  13. #43
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    Quote Originally Posted by persephonegoddess View Post
    You think he LET the statute of limitations run out, or that he didnt KNOW there was a 4 year limitation, seeing how they never went to court? Does FA stand for forum administrator? Regardless if YOU know how to take your buddies comments, its about how the OP takes the comments. Isnt that the point afterall?

    As for as moburkes, the comment you original posted was simply seen as you being a smartass ,or sarcastic as you put it. It said absolutely nothing that the husband should make out his will and the criteria or procedures about that. You were simply mocking her. Plain and simple.
    So, now that we have been duly chastised, what advice would you give this poster? Go get a free consult is all well and good (although, it is a complete waste of time). Exactly WHAT is your purpose other than to lecture others on their demeanor?

    If you want to offer a comforting shoulder to those that are just feeling blue, there are support sites for that purpose.

    To answer your question, if he had been so concerned about it a decade ago, he would have been looking for the answer then.

    This is nothing more than the classic case of the new wife wanting to completely erase the past. Nothing more, nothing less. That statement is supported by her changing reasoning to get to the answer she wanted.
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  14. #44

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    I offer advice ( little compared to your advice) and I dont criticize,be rude,belittle or mock the OP ,as others did, and you want to know what MY intentions are?! I actually was going to offer more advice than I did but read thread and saw you beat me to it and then I saw how others were treating this person and I felt something needed to be said. I doubt our bickering changed anyones view on how they should approach ppl . If anyone comes to a forum expecting people to agree with them 100%, thats delusional, but they ARE expecting people to have some manners. Being that this IS the internet, ppl tend to be "other ppl" than who they really are. Are some of the posters on here they same "in life" as they are on here? I hope not. Being that yall are answering questions that are "sensitive" in nature, most would hope yall would be more sensitive.No one can make yall sensitive though , just like no one can make people come here to ask questions.

    BTW, Im reading the FA forums right now, nto done tho.

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    Arrow Wow lots of pent up anger getting let out here.

    OMG

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    I generally do not moderate this forum because there is already a moderator. So I hope demartian will forgive me when I say, enough is enough.

    Either tone it down DRASTICALLY or one of us will be back to lock the thread.

  17. #47
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    Quote Originally Posted by txjw View Post
    Yes he does know I am inquiring on this, and he was just as surprised to learn that he was still listed as the father. The only reason he did not contest it prior to now is because he too believed she would go after the real father for child support and thought that there was nothing he even needed to do. At 19-20 years old he was unaware of any action that he should have taken and did not have enough knowledge of the law to know any better. His signing the birth certificate was him trying to be a good guy and step up to the plate and be the father as the real father was nowhere to be found. Only later to have her up and leave with his money in hand.

    We did not have the internet so readily available to educate ourselves as we do now.

    Is the real loser the child YES i agree. However it is the childs REAL father that has neglected his responsibility. My husband is a wonderful father of our four children, and if he felt any obligation to this other child I assure you he would have fulfilled it. Over the past years we have been under the impression that the fatherly responsibility was being taken care of by the childs real father. No effort has been made on our part to contact this boy for this reason. If he has grown up without a father at all then yes it is a very sad situation.
    Thank you for explaning these details, I wish she would have been honest, and I wish he could have taken action when he was able to, but since the time has lapsed, he will be the one in the no win situation. Good luck to you.

  18. #48
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    Quote Originally Posted by persephonegoddess View Post
    cyjeff

    turboway

    moburkes

    Tell me plz how this is legal advice. Besides one person saying that the statutes ran out after mommyof4 posted the whole statues. Count them. How many is that ? I counted 4 and this was all BEFORE the OP posted this

    You forgot to mention the child support payments and arrears she could have coming, that was accurate by law also, that is also why I made it a point of stating she should drop this, before the other woman gets upset, and pursues what she LEGALLY CAN WHICH IS CHILD SUPPORT. All the rest were my assumptions, and I answered her rubuttal to that way before I even read your time wasting posts (other than a free consultation), which is very very hard to find, a lawyer actually willing to sit and hear detail after detail, and not charge you for an initial consultation fee, for the most part, only lawyers that deal in wrongful death suits and the such, give free consultations, and a legal clinic in her town if there is one. Thanks for your input on all of us anyhow. Oh married for over 20 years, and husband doesn't have to pay me child support lol, he lives with me. Now where did that man go tee hee hee hee hee.
    Last edited by turbowray; 09-29-2007 at 03:09 PM.

  19. #49
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    Arrow

    Quote Originally Posted by turbowray View Post
    Thank you for explaning these details, I wish she would have been honest, and I wish he could have taken action when he was able to, but since the time has lapsed, he will be the one in the no win situation. Good luck to you.

    Thank you, Turbowray for your genuine concern and civil response that is truly appreciated.


    persephonegoddess Thank you for seeing what I was truly looking for was some support.

    Mommy and others. Any of you that are struggling because of a deadbeat dad I am really sorry that you are in that situation, and I hope it gets better for you. My mother was a single parent and we often went without because child support is to say the least undependable.

    I will seek the advice of a lawyer when the time is right, and I will make sure our affairs are in order to make sure our family is taken care of.

    To all of you I wish you the best in all that you do.

    And remember to "Let God deal with the things they do, Cause hate in your heart will consume you too"


    Peace
    Last edited by txjw; 09-30-2007 at 08:56 PM. Reason: needed to add a space

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    And good luck to you and your family.

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    Default know it all wife

    Quote Originally Posted by txjw View Post
    .

    However this is not his biological son.
    how do you know? YOU were not there when this child was concieved. i think the reason youre mad is your husband may be asked to pay child support.let your husband deal with it

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    Quote Originally Posted by mommyof5 View Post
    how do you know? YOU were not there when this child was concieved. i think the reason youre mad is your husband may be asked to pay child support.let your husband deal with it
    Shut up Kelly!

    OP ignore this poster...She is a forum troll that lost custody of her child 'cause she's a fruitcake!!
    Please Note: My "warm and fuzzy" font is not working, therefor my posts will be direct and to the point.

    Thank you in advance for your anticipated understanding.

    Bay

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