Legal Question in Family Law in Texas
Dna
My husband was divorced three years ago.Since that time he has found out that he may not be the father of the three children. His name is on the birth certificate.The ages of the children are 18 years and 15 years.Since the older one turned 18 she is taking him back to court for child support. They agree on no child support they each had custody of the children he had the older one. Is it true that since he signed the birth certificate that DNA will not change the out come of his responibility.Can DNA testing be done?
2 Answers from Attorneys
Re: Dna
I'm a little confused by your question - you said she is taking him back to court for child support but then you said they agree on no support.
Well, in spite of that he may challenge paternity in court by filing the required petition. The court will order blood tests and then he will know once and for all. I'm assuming the kids were born during the term of the marriage - if they were, he is the presumed father in the eyes of the court. If he plans to challenge paternity, he needs to get the ball rolling. Depending on what state he is in, there may be a time limit on how long he has to challenge paternity.
Best of Luck
Stephanie T. Shipp
Attorney At Law
Re: Dna
In Texas I would file a motion for testing asap. It may be to late but most lawyers dont challenge these requests. If you are in the Austin/ San Antonio area please call me at 512 392 5010 for a free consult.
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