Legal Question in Family Law in Texas
My brother is married (legally). His wife filed for legal seperation 2 years ago. Since the have tried to "work it out" & are now once again seperated & she is filing for divorce. BUT has a 1 month old child. She had 2 "confessed" affairs but claims my brother is the father. He wants DNA testing. What happens right now as far as child support/visitation until DNA testing is completed? By the way, this is a Texas case.
2 Answers from Attorneys
If the child was born during the marriage, your brother is the presumed father and will have to pay child support until that presumption is rebutted. It is easily rebutted through the results of a court-ordered genetic test (i.e. DNA test).
He will also have court-ordered visitation rights, until and unless it is judicially determined that he is NOT the father.
What Mr. Daley has stated above is accurate. I am a board certified specialist in the field of family law practicing in the general Houston area. Contact me directly at 713-600-5500 if you want to discuss the facts of your case.
Bruce C. Zivley
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