When You Are Mistakenly Named The Father Of A Child
Being a legal parent involves more than rights granting you custody or visitation with the child. You are also obligated to financially support and care for the child. Until 2011, men who believed they were the father of a child based either on mistake or fraud had little legal recourse for relief from these obligations in Texas.
Located in San Antonio, MARVEL & WONG, PLLC is a law firm that can navigate the confusion that is invariably created as the legal community adjusts and learns how to implement new laws. Attorney Karen Marvel is Board Certified in Family Law by the Texas Board of Legal Specialization . She has taken the time necessary to master the complicated mistaken paternity laws and the process for terminating parental rights.
What Evidence Do You Need To Establish A Case For Mistaken Paternity?
We cannot repeat enough the warning that these cases are highly technical and very complicated. Even when you have sufficiently proven you are not the father of a child, the court may still enforce visitation based on the best interests of the child. A father will also remain liable to pay any court-ordered child support obligations up to the termination of his parental rights.
There are general requirements for terminating parental rights based on mistaken paternity:
- A DNA paternity test must confirm you are not the biological father of the child.
- Legal paternity must have been established without a paternity test either through an acknowledgment of paternity form or court order. In both cases, you must have mistakenly believed yourself to be the father.
- You relied on misrepresentations to come to the conclusion that you were the father
- You did not sign an intended parental agreement involving in vitro fertilization, adoption, surrogacy or other assisted reproductive methods.
- You file prior to the expiration of the statute of limitations or deadline for your case. In most cases, this is one year after you discover the information that leads you to believe you may not be the father.
Mistaken Paternity Cases Are About Proof | Consult A Legal Specialist
Terminating your parental rights based on mistaken paternity requires much more than a simple DNA test. Our board-certified lawyer knows how to build a strong case for termination. Discuss your situation in a free initial consultation. Schedule yours by calling 210-201-1630 or sending an email.