Legal Question in Family Law in Texas

Re: Am I still accountable

I read the reply to your question from the Maryland attorney. The Texas situation is similar to hers. I have a friend currently handling a case with similar facts.

Once you have been determined to be the father, and once child support has been set, you ARE the father from a legal perspective. If the parents are married at the time of birth or within 300 days before the birth, the husband is presumed to be the biological father. A court will not usually terminate that relationship if the result would be to have the child not have a father.

If the biological father is willing to stand up and adopt the child at the same time, it is possible to do so. If the biological father is not willing to do so then you can't have the court "redetermine" what it has already done.

None of this is absolute and the specific facts of the case will determine the result. Call and attorney and explain everything so that you get advise relative to ALL of your facts.

Good luck.

Re: Am I still accountable

Your question relates to a situation in which the law in Maryland (remember, the law in another state may be different) finds that once you have been determined by a court to be the father, no matter what blood tests may show, you are still considered to be the father. This is a very hard thing to swallow when you know you are paying support for someone else's child, but it is the law.

The courts always consider the best interest of the child, which always includes a provision for someone to support the minor child. If you have, for eight years, held yourself out to be the father, and if the actual biological father is not around to take over the responsibilities of a parent, if the child knows you as his father and if he has your name, these are factors which would tend to support the court's determination that your obligations continue.

You should consult with a lawyer about your particular situation, because there are often details special to a case which might change the application of the law.