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The man i thought was my childs father is not. He signed the birth certificate tho. she is 2. can i get child support

Fort Worth, TX |

The man wo i thought was my daughters father is not. We went hru the attorney general for child support and when we did the dna test and it came back negative that was pretty much the end of things. I dont know what to do next. He is the only father she knows. And has been helping me take care of her. He is talking about terminating his rights so that the real father can have a chance but the real father wants nothing to do with us. It was a one time thing and they have no relationship.

The was an AOP signed at the time she was born because i was legally married at the time. Doesnt that tie him in legally?

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Attorney answers 3


You can seek child support from the biological father, but the man who signed the birth certificate has no legal obligation to your daughter. This is a sad situation for your daughter more for the loss of the relationship than for the loss of the finances. In her best interest, maybe you should offer to keep the relationship open even without receiving child support from him.

Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.



Even if he signed an AOP?

Aaron Scott Hill

Aaron Scott Hill


These are your words, " We went hru the attorney general for child support and when we did the dna test and it came back negative that was pretty much the end of things." Actual paternity is established in two ways generally 1. Marriage at the time of conception and/or birth and 2. Legally established in court. The court can legally establish paternity with an AOP but if the DNA says the AOP is wrong, a court will not establish paternity. To keep the relationship open he may be willing to do an adoption. If I were advising him I would tell him that he may want to only do that with Joint custody and no child support obligation.


I don't know what you're goal is by reading this. Does the guy on the birth certificate want to maintain himself as dad? Sounds like maybe he doesn't. That's not a legal matter any longer, it's a personal one.

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If you are trying to determine whether you can seek Child Support from the biological father of the child the answer is very clear. You can. As for the relationship between your daughter and the man you believed to be her biological father, you should consider contacting an attorney on how to best tackle the delicate situation. The best course of action will depend on the specifics in your case.

No attorney client-relationship is created by the above communication. You should always consider contacting an attorney with the details of your case in order to receive the most useful and accurate information.

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