Legal Question in Family Law in Texas
Baby conceived in marriage not that of husband
I was in a very abusive marriage with an alchoholic. We lived in Texas, we had a time of separation, during that time of separation, and I got pregnant by another man. My husband and I decided to work things out but I never told him that my unborn child was not his. When my son was born I feared telling him this unborn child was not his so I put his name on the birth certificate knowing he was not the father. We divorced in Texas when my son was 4 years old. Still out of fear I left things the way they were, and fled to Washington. 6 mos. later we remarried in Washington, only to separate one month after. Since then we have not been living in the same state or city. I finally told him my son was not his. Will Utah law over ride the first divorce decree and go ahead with a paternity suit or will it see the Texas decree and leave my son as his son also? He and I both want a paternity test done, But are afraid that the first decree in Texas will over ride Utah's law since he was born in the first marriage, and since it was so in the decree. We have now been separated 4 years, my son is now 8.
2 Answers from Attorneys
Re: Baby conceived in marriage not that of husband
I don't know what Utah law will do.
The probability is that your knowing failure to disclose a material fact will allow the paternity action to go forward.
However, why are you not just doing a paternity action against the real father or an adoption by your new husband (as the case may be), combined with a termination of rights for your former husband? It seems that would get you where you want to be, without the "full faith and credit" issues.
Re: Baby conceived in marriage not that of husband
You have several problems. First is the legal ramifications of the failure to disclose. Utah will assume that your husband was the father until proven otherwise. If the paternity test reveals he is not the biological father then he could be excused from support.
Next problem is that your son thinks your husband is his dad. It will be hard for him to accept the loss, particularly if your husband has stayed active in the life of his kids. If he has, you should make some sort of arrangement for your husband to still act like dad, even if the biology is not there, and even if he does not pay support for the child. It may be in your son's best interest to NOT do the paternity test, but make some sort of compromise rather than put your son through the additional stress of "losing" his dad twice.
Next problem is that your original divorce was effectively negated by the remarriage. You will need to get a new divorce which will have to take everything into consideration. If you have been in Utah for three months you can file here. If you have been here for more than 6 months with the children, Utah would certainly be the proper place for the divorce under the Uniform Child Custody Jurisdiction Act.
Call if you have questions.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
