I am going through the same thing as we speak right now i feel for you. if there hasn't ever been a dna test to prove your the father even though im sure there is no doubt you do not have any rights.
huge failure in our court and legal system.. you must do a dna test to prove you are the father. here is the kicker you will more than likely be back dated from the time she left for child supp by doing that dna test u assume finacial resp as well... but who cares anyway its just money and these are your children thats what matters in life not toys trucks or things its you family good luck bro
THere was never a dna test. I signed the papers in the hospital...even if they're not biologically mine....they're my boys and I'll continue to fight for them.Period. In her papers she's filed she's admitted i am the father and does not have any subjection to such. I am legally declared the father, that's been taken care of. And I have been paying child support.
She has papers drawn up in MS, with her as custodial parent, I am responsible for child support, medical insurance, 100% of unpaid medical items, all college tuition, life insurance policies on both boys with her named as beneficiary. There is also a restraining order on me stating i can have NO contact with the boys or the mother.
Before anyone asks, no i never laid a hand on her or those boys. How she got a restraining order is beyond me, yet it states in the papers that the reason she was granted a RO , was because she was afraid if i ever brought them to Texas for visitation that I would never bring them back. So they granted it.
We originally went to court in MS, my attorney could not attend as we did not have time to file and get a "pro hac vice"" approved. My attorney hired an attorney in MS, the NIGHT before court.(We had almost no time after i was served papers to get things straight.) I showed up in court and was granted a continuation in order to legally retain an attorney.
In the meantime, we started our own case in TX, for primary custody, objecting to the jurisdiction and to her court order and restraining order. Twice to court and the judge would not act on anything, until the MS order was cancelled. Well obviously it's not cancelled. I call my boys every night, against the restraining order but mother allows me to do so(sometimes) and lawyer assured me no judge would jail me for wanting to speak to my children, regardless of the RO.
In the meantime, mother went to court with her attorney and was granted everything she asked for. And i was never notified of any court date, any proceedings whatsoever.
We are in the process of filing a grievance on the MS attorney and judge. Also filing a "pro se" to modify original order for at least in the mean time i'll be able to visit my kids. And then going from there.........
