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Why Paternity Didn't Matter in Texas Child Custody Case: Part One

It is general knowledge that courts have often favored mothers in family law disputes involving the wellbeing of children. But a move toward protecting fathers' rights has been on the rise and worked to award more fathers the chance to care for their children after being given a fair shot in child custody cases.

A recent Texas case not only ended in good news for a child's father, but it was good news for a father who is not even the biological parent of the child at the center of the custody battle. The biological mother in this case died in a 2008 car accident, which is what began the child custody debate between Mr. G. and the child's grandmother. In the end, Mr. G. was awarded custody of his daughter instead of the child's maternal grandmother.

But where is the biological father, and why didn't he get the child? The identity of the biological father is unknown to the parties involved. Mr. G., however, believed at one time that he was the father because he had a sexual relationship with the mother. From that point on, he claims that he voluntarily took on the father role over the child.

According to Mr. G., he raised his daughter since she was born and loves her like a father. Whether his DNA connects him to the toddler is not important to him. But according to the grandmother, who also had a romantic relationship with Mr. G., paternity should play a role in where the child is placed now that her daughter has passed away.

Why didn't paternity results matter in this case? Check back in soon to learn how the judge justified his child custody decision in this complex Texas family law case.

Source
Star-Telegram: "Complex child case shines spotlight on paternity law," Melody McDonald, 9 Oct. 2010

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