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IS THERE ANYTHING A BILOGICAL FATHER CAN DO TO ESTABLISH HIS FATHER RIGHTS IN TEXAS?

 
 
Reply Wed 26 Feb, 2014 10:06 pm
I'M in Texas and I am going thru a situation. I'm the biological father of a 5yr old. When the mother became pregnant she told me and when baby was 5 weeks old I met her. I asked for a DNA test and mother got mad and disappeared. A few months (4months) passed and she contacted me again wanting milk for the baby, at that time I asked her again for a DNA test, she got mad and told me she didn't know why she was bothering me because her boyfriend and her had done a DNA test and the baby was his. She would always call me private so I had no ways to communicate with her. She disappeared again, I ran into her on a singles website 4yrs later and after talking she told me she wanted a DNA test because she had a feeling that the baby was mine. We took a DNA test thru a home testing kit. The test came in and it was 99.99% my baby. Everything was going great she would let my daughter spend the weekend with me. Till she started to ask for sexual favors which I refused and from then on she has taken me thru a very stressful roller coaster. At that time I seeked help from the attorney Generals Office, which told me they could not help me because the AOP was signed. The Attorney General opened the case on her boyfriend because he signed the AOP. Feeling lost I seeked a lawyer, everywhere I gone they all told me I couldn't do anything. she finally opened a child support case but they opened it against the person who signed the AOP. They had a day in January to appear for a hearing. He told her he was not going and didn't care if they took all his check. The mother of my daughter disappeared again and I haven't hear from them in 6weeks. The ex-boyfriend is violent and has physically abused my daughters mother numerous of times. they both physically fight with each other. I do not want my daughter to grow up in that kind of living environment. At one point she told me she used drugs just to avoid from having communication with him. My question to you is do you know what a biological father can do in my situation? Thank you in advance for your help.
 
jespah
 
  3  
Reply Thu 27 Feb, 2014 06:46 am
@conceredtxdad,
If this child is in danger, why aren't you calling Child Protective Services? And getting another attorney? Yes, they've told you that they allegedly can't do anything. I suspect, without looking it up (ask someone admitted to practice in Texas. I am not), that there is a presumption in favor of whoever signed off and swore they were the father (looks like there's also a marital presumption), versus DNA testing.

Either way, social services will or at least should hop to it if a child is in physical danger. Push a lot harder on this and work the 'child in danger' angle (you will need to prove this). You may find yourself in a class action suit with other fathers in a similar predicament, or taking an appeal to the highest court in Texas. That all takes a while, and it's not cheap. There's also no guarantee of success, but from this end it just looks like the lawyers you talked to decided to fold without really trying.
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