Legal Question in Family Law in Texas

Custody Question

me and my wife may get a divorce we have a 19 month old child who i do not fully belive to be mine i did sign the birth certificate saying i was the biological father and no dna test had been done if we do get a divorce and it comes down that my wife and i want the dna test done will i have any rights to the child if im not the father and if im not the father she knows who the real father is will he have any rights to the child if he wants them, and would it be possible to keep being her dad if that what my wife and i want if the dna proves im not the father


Asked on 1/09/07, 10:11 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Custody Question

If you are legally determined not to be the father, you would not have any rights to the child. You could legally acknowledge paternity, then you would have all the parental rights including the obligation to pay child support until the child becomes 18.

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Answered on 1/10/07, 5:14 am
Fran Brochstein Attorney & Mediator

Re: Custody Question

There are some "inexpensive" home DNA tests. Go on-line and look around. They are the same test that the court would order but cheaper. The DNA companies charge a lot more for a "court approved" DNA test -- since they have a notarized statement for the Judge. However, the home test usually works.

I believe that Father's for Equal Rights in Houston & Dallas also have kits available.

You MUST follow the instructions exactly in order for the test to work.

It only needs your mouth swab and the child's. It is painless. The mom is not necessary to determine who the father is of the child.

The test will NEVER come back 100%. The best I've seen is around 99%.

If it EXCLUDES you as being the father, then you are defintely NOT the father.

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Answered on 1/10/07, 5:36 pm


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