Legal Question in Family Law in South Carolina

Re: Girlfriend pregnant with my child, still not divorced from out-of-state husb

Your girlfriend can file for divorce in TX on the presumption that she will have lived in TX for the necessary 6 months before the divorce is final. Then, you and she can be married if you want to. If not, You can file a declaration of paternity in a lawsuit to determine the parent child relationship so that you will have the rights of a father.

Re: Girlfriend pregnant with my child, still not divorced from out-of-state husb

It is presumed that any child born during a marriage is the child of the wife and husband.

However, that presumption can be overcome.

When the child is born, the State of Texas allows you and the mother to complete a form called an Acknowledgment of Paternity. It must be completed in front of a hospital employee that is authorized by the State of Texas.

Having your name on the child's birth certificate is not enough.

After the wife has been in Texas at least 6 months and a resident of the same county for 90 days, she can file the divorce.

I bet the husband will readily agree he is not the father once he finds out that he will be ordered to pay 20% of his net income in child support and carry the child on his health insurance.

If he says he is the father, ask the Court to order blood tests to rebut his claim.

If you live in the Houston area, I do this sort of thing all the time.

Best of luck to you.

Fran Brochstein

713-847-6000