Houston, TX asked in Family Law for Texas

Q: I have a 2.5 year old daughter. I’m on her birth certificate, signed acknowledgment of paternity, have lived with her

Her entire life. She calls me daddy she is my daughter. She has my last name, been on my insurance the whole 9. Her mother took an a home DNA test saying I’m not the father. If that is true, can or will I lose all rights to my daughter. Mother says she wants boyfriend to adopt her.

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1 Lawyer Answer
Jon R. Boyd
Jon R. Boyd
Answered
  • Fort Worth, TX
  • Licensed in Texas

A: By signing the AOP, you are the legal father, the same as though the child were born during a marriage between you and the mother. However, depending on the time frames in your case and other factors, it is possible either of you, the alleged bio father or someone in behalf of the child could possibly take legal action to change that by attempting to rescind the AOP. The rules regarding rescission are fairly detailed and beyond the scope of what I am able to tell you here. You can read Texas Family Code Sections 160.307-309 and 160.606-.609. According to .609, the time limitations is 4 years after the birth of the child, so that may preclude him from attempting to assert his rights.

I would need to see the AOP and get more information from you in order to tell you precisely what might happen on your case.

You may contact me for further advice if you like.

Hope this helps at least get you started in the right direction!

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