Legal Question in Family Law in Texas
divorce, paternity, child support
I possibly have a very difficult situation. I married my wife after she became pregnant and since then we have had one more child. I have been deployed for the past 8 months. I returned home for Christmas and it became apparent that our relationship is very stressed. In addition, I witnessed some things that suggested that she was having sex with other men. She denies everything. I returned for Valentine's day for 5 days and since then it has become apparent that she is seeing an x-boyfriend. She has said things that lead me to believe that our first child is actually the x-boyfriends and this past week she says that she my be pregnant again. Where do I stand in regard to child custody or what might be required in child support if 2/3 of these children are not mine biologically? Also, If we stay married what rights does the other man have in regard to visitation if either one of these children turn out to be his?
3 Answers from Attorneys
Re: divorce, paternity, child support
Children born during a marriage are presumed to be the children of the husband unless it is proven otherwise. Unless the biological father of the child(ren) steps forward or you contest the paternity of one or more child, they are yours, and you have the same custody rights/support obligations you would normally. This is complicated and the decisions you make now will be permanent. You need to talk to a family law attorney.
Re: divorce, paternity, child support
You can ask for a DNA paternity test of the children you susect might not be yours. The expense will be divided equally between you and your wife. She must comply otherwise you would not be required to pay child support on the children you suspect are not yours. I'm sure your wife knows who the father of the children is. You would be required to pay child support for the child that is yours for 20% of your net available resources. That is usually net income, but not always. As far as visitation by the father of the children who are not your -- that might not be determined in your divorce. But he could get visitation if he wanted to. Good Luck.
Re: divorce, paternity, child support
To obtain visitation rights, the father of the child that is not yours would have to file a SAPCR (suit affecting parent child relationship) and establish paternity. That suit would establish visitation and child support.
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