Legal Question in Family Law in Texas

My ex-wife and I divorced back in 1998. At that time we had a daughter that was 3 and she had another child who was a couple of months old. I have been paying child support on my daughter since she was 3 years old. Now my ex-wife is trying to file a petition that I am the father of this other child. Who I fully believe isn't mine. No one signed to birth certificate when he was born. There are four other men who could ppssibly be this childs father. How do I go about asking for a dna test? And if this child is mine I want to sign over my right due to the fact I haven't been in this childs life for 12 years. How do I go about that too if he is mine?


Asked on 1/02/10, 5:41 pm

2 Answers from Attorneys
TC Langford Langford Law Office

You can petition the court to establish paternity of the child. Since this child was born during the course of the marriage, there is a legal presumption that it was a child of the marriage. The issue should have been addressed in the divorce. This is normally not a DIY process, and you should contact an attorney. If the child is yours, the law does not allow you to simply terminate your rights and walk away. In fact, if the child is yours, without a stepfather to assume your rights and obligations, the court will establish child support,possession and access.

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Answered on 1/08/10, 5:31 am
Fran Brochstein Attorney & Mediator

Based on your zip code, I highly recommend PATRICIA BUSHMAN at 713-807-0405. Talk to Jessica and tell her that FRAN sent you.

I'm not accepting contested cases right now since my mom is ill.

Good luck!

If the kid is yours, it is difficult to terminate your legal rights. You cannot be forced to visit but you can be required to carry him on your health insurance and pay c.s. on him. Of course, your child support would go from 20% to 25% of your net resources.

Good luck!

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Answered on 1/08/10, 12:36 pm


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