Legal Question in Family Law in Texas

Child Support Question

My fiancee has two children by a woman who has three additional children by three other men. My fiancee has not had sex with her since 1995. She is spreading rumors that she will file child support on him for her 6 year old daughter. The mother knows that the little girl is not his child but the child is very fond of my fiancee and calls him her dad just like his two biological children. Also, the woman and all the kids live with my fiancee's mother, but he does not live in the house and has not lived there the entire time the woman and the kids have lived there. He does not provide her financial support for the little girl but does for his two biological children in the form of child support payments. But now she wants him to pay for three children instead of just two. Does she have any right to try and make him pay child support even though this is not his child but the child has adopted him as her dad?


Asked on 11/30/04, 1:54 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Child Support Question

She can attempt to have him declared to be the father of the child.

If she hires an attorney or uses the Texas Attorney General office, he needs to retain legal counsel immediately.

He must ask for a DNA test.

If he does not do anything, the court can declare him to be the father.

Once a court declares him to be the father, it is irrelevant if she is not biologically his child.

I hope this information is helpful and not confusing.

In summary, he needs to retain legal counsel to assist him. He should not ignore any paperwork mailed to him or if he is served with paperwork.

Good luck!

Fran Brochstein

www.familylaw4u.com

713-666-0646

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Answered on 11/30/04, 5:24 pm


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