Legal Question in Family Law in Texas
i am in a custody battle with someone i never married. i have been told he has fathered another child. the mother of that child says it is his but he denies paternity, responsibility, and involvement. she has not done anything legally asking him for child support or DNA test. she has since married and named the child after her new husband, who is not the biological father. i am unsure if the new husbands name is on the birth certificate. if my childs father wants no involvement in the other childs life, and the childs mother does not want him involved, how do i legally prove that he fathered that child?
3 Answers from Attorneys
I'd start with taking his deposition. Maybe he'll admit it.
And the mother of the child ... take her deposition, too.
Based on what you have written, you should consider filing a Suit Affecting Parent Child Relationship (SAPCR). This action will allow you to determine paternity, establish child custody, support, and visitation (if necessary). You probably should consult with a local law firm to ensure that your and your child's rights and interest are protected.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
You need to ask yourself why you want to know. Will it affect your relationship with him or a case that you have with him? If you have more personal reasons, please be aware that the courts are not designed to help you with that.
Remember, if you prove that the other child is his, then that will reduce YOUR child support.
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