Legal Question in Family Law in Texas

If a child is born during the course of the marriage, but paternity has already been legally established with someone else does the child need to be included in the petition for divorce in the state of texas


Asked on 1/17/10, 9:51 pm

2 Answers from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

It probably wouldn't hurt to put in both the petition for divorce and the final decree that "there was a child born during the marriage by the name of __________, born on ___________, whose biological father is _____________. Paternity has been established by ____________(method)."

But it would be best to consult a local divorce attorney so that you can tailor your petition and decree to fit the preferences of the Judge you will be in front of.

Good Luck!

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Answered on 1/22/10, 10:19 pm
Fran Brochstein Attorney & Mediator

If you don't have an attorney, you need one in order to make sure that you do everything properly.

If you are trying to do it yourself...you get what you pay for!

Many judges are now signing any legal papers presented to them but they tell the people that the papers might be wrong!

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Answered on 1/23/10, 4:42 pm


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