Your opinion if you dont mind.

[Peanutsdad]

Soc,

I've never asked you any legal questions,,, but this one has me completely blindsided.

My exgf and I were never married. We dated, she got pregnant, We have a beautiful little girl. The relationship was rocky from about the 2nd month on thru the rest of one year, culminating in her being removed from my home for DV.

The police did not arrest her, she left, taking my little girl. Over the next month she told me I would never see her again.

I began an indepth background on her, and discovered that she had 7 arrests for DV in the past, one conviction for criminal mischief, 3 suicide attempts and a diagnosis of bipolar disorder, for which she refuses to stay on treatment for.

She has 3 children by previous marriage, who reside with their dad.

I filed in court for custody.

Over the last 14 months, we have had several motions to mod,, all granted including the last one back in Sept 2003 to change custody due to failure to protect. My daughter was less then 2 yrs of age at the time. A home study was done, with custody recommended to me.


So, I became the cp. The child support order on me was cancelled, and paid up. She was then ordered to pay cs.

She immediately quit her job, lost her home, her new truck and essentially lived off a string of men, until her marriage to one after a lengthy courtship of 2 weeks this april.


She has never paid a dime of the child support, and now has moved over 150 miles away. Our court orders address over 100 mile visitation.


We had court today for docket call, to get our final hearing. It is set now. She also has a court date this week for the AG office on contempt of child support which they havent been able to serve her with.


This evening, she msn'ed me to tell me that another man( not her current husband), wants to take a dna test for my daughter. She claims this man is her father. I am on the bc and filed an affidavit of paternity. I did not take a dna test. Forgot to add, this is in Texas courts.
My questions are this:


1. Will she need a court order to get a dna test done?


2. what is the likelyhood of her being able to take my daughter if the test bears out that he is the father?

3. What weight will the fact that my daughter has a family here,, siblings( older), and my parental relationship bear on the matter?

4. What do I need to file at this point?

[socrateaser]

>1. Will she need a court order to get a dna test done?

No, not if she has the child and takes her to a clinic and has the blood drawn. You have no means to stop her, but (and I am diverging from my usual position of not commenting beyond legal issues here), if there's some question as to who the real bio parent is, I suggest that the child's long term health will benefit from knowing, if only to discover any genetically inheritable issues.

>2. what is the likelyhood of her being able to take my
>daughter if the test bears out that he is the father?

In most states a filed affidavit of paternity is conclusive, and NO evidence of any kind from anyone will be permitted to rebut your status as the legal parent. However, I don't know TX law in particular, so there may be an exception.

>
>3. What weight will the fact that my daughter has a family
>here,, siblings( older), and my parental relationship bear on
>the matter?

Heavy -- the court is not gonna separate a strong parent-child relationship for a previously unknown bio-parent -- but the bio-father could certainly get some visitation, depending upon all the facts.
>
>4. What do I need to file at this point?

If you question the child's parentage, then have a dna test done on yourself and the child. Once you know for sure, you will have a better idea of your options.

I suggest that this other putative father is not gonna just roll over and take the dna test without a court order, anyway.