Legal Question in Family Law in Texas

Hello. I dated a woman on and off for about two years.. We both worked for the same company at the time. She slowly started to distant herself from me. Come to find out she was pregnant. She never once told me this was my child. I later moved to a different city. Child was about 2 months old when I left company. I was served with child support review a month ago. I called office requesting DNA test. On the day of the hearing mother did not show up. The office informed me that she had listed someone else as childs father. She listed her ex-husband who she never has divorced. The office staff told me she needed to request father listed for permission for dna test. They told her she had 3 months to get signature. She claims she does not know where her ex lives. This is currently being handled through the OAG. I have not heard from her or the OAG My questions are: Is there something I can file to push for DNA test? Is there such thing of not allowing dna test wo permission of person listed on birth certificate? If so, if she drops this case (because she cant get signature) can she have me served again at a later date? Is there a time frame to get this resolved with OAG? According to papers child just turned one, if mine, do they calculate child support back to the date child was born or as of when she filed? Any help is greatly appreciated!


Asked on 10/24/11, 1:25 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

It would probably be better for you to clear this up now. You can file a paternity suit and don't need the ex-husband to do it. If the child is yours, she can request retroactive support back to the birth of the child, including expenses for the delivery. If the OAG has already filed a lawsuit, then you can get your paternity suit through that. You should have a family law attorney to guide you because if you don't do everything right and the court erroneously finds that the child is yours, then you could be paying child support for the next 17 years.

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Answered on 10/25/11, 7:29 am


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