Daddy drama: Protections for mistaken paternity Friday, October 14, 2011 DALLAS, TX— It is emotional fodder for daytime talk shows. Each day, audiences watch as a new "daddy drama" unfolds and men often play it up for the cameras, when they find out if the child in question is their biological child. It can be amusing to watch, but it is heartbreaking when it is real life.
"They have sacrified their life and finances for a lie," family therapist Melody Brooke says.
The Lewisville family counselor has worked with many men who have been misled into thinking that the child they are raising is their biological offspring and when it turns out not to be the case there can be an emotional toll to pay.
"If you have taken on this child that is so important and then you find out that it is not your baby, then that can shatter a world."
Difficult or not, Texas courts have had little sympathy for deceived dads, who are often duped into paying for years of child support. But, a new mistaken paternity law puts protections in place for men who find out they aren't the Dad.
"The mother can't come in and kick them out as a father," says Charla Bradshaw, Denton family law attorney.
Bradshaw says the measure is long overdue and gives men in these situations the right to walk away from financial responsibility but not lose visitation rights with the child.
"They have the option to ask the judge to continue to have visitation with the child, if they can show that it would be harmful to break off the relationship. But, they can cut off the parental rights and child support."
The law requires the man to prove through genetic testing that he is not the father. Beginning next September, men will have one year from the time of discovery to file a lawsuit regarding mistaken paternity. State lawmakers have given men a grace period with no limitation on time until then.
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