WHAT IF MORE THAN 4 YEARS HAVE PASSED SINCE I SIGNED THE VOLUNTARY A.O.P. AND I REALIZED THAT I MAY NOT BE THE BIOLOGICAL FATHER?

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WHAT IF MORE THAN 4 YEARS HAVE PASSED SINCE I SIGNED THE VOLUNTARY A.O.P. AND I REALIZED THAT I MAY NOT BE THE BIOLOGICAL FATHER?

Asked on March 2, 2011 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You voluntarily signed an acknowledgment of parenthood, which means you voluntarily agreed for the state, the child and the child's mother to recognize you as the father. Since 4 years have passed and assuming you signed when the child was born, you have big issues. Family custody and support orders are for the benefit of the child; so if the court deems you as the parent based on your voluntary actions, then you may be prohibited from terminate your parental obligations. A father doesn't always have to be the biological father. However, if you wish to challenge the AOP, it will be most likely to simply revoke it; instead you would need to bring a motion in court seeking a DNA test (a test of which you will most likely be charged to pay). If you get the DNA test granted and the results show that this child is not yours biologically, you would then need to make the decision if you wish to continue support or if you wish to seek termination of parental rights and obligations by filing a motion in court for that outcome.


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