Legal Question in Family Law in Texas

DNA testing in Texas?

I (husband and father) am in the midst of trying to complete a divorce settlement. We have agreed on all points but the deal breaker is a DNA test for the 11.5 month old child. The mother left when the child was 2 weeks old, moving from Georgia back to her home state of Texas. Because of concerns I am requesting to have this test done but they strongly object. My attorney in GA metioned to her attorney that I could have the DNA test done after the the divorce was settled (per GA law) but her attorney warned that this would be contempt of court. He said it would be unlawful per TX for me to have a DNA test at any time after the settlement without the mother agreeing. Are these assertions true and what possible legal pathway do I have if so?


Asked on 10/17/06, 11:47 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: DNA testing in Texas?

A test AFTER a settlement is probably useless. Once the case is decided and you have not raised the issue, you may lose the right to ever raise the issue. I doubt you understood correctly what her attorney said, but your attorney should have told you that you likely can compel a test, by petitioning the court in your case.

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Answered on 10/17/06, 11:58 am


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