Legal Question in Family Law in Texas
Can an ex-wife be held in contempt of court if she has stated to a judge that a child belongs to her ex-husband and DNA testing later proves her in-correct?
Asked on 10/23/11, 5:34 pm
2 Answers from Attorneys
Thomas Daley
KoonsFuller PC
No. Contempt of court is related to disobeying a court's written order. If she knew the statement was false, the court could refer her to the DA for prosecution of perjury. I would not expect that to happen just because it wouldn't take much for her to say that at the time she made that statement to the court, she believed it to be factually accurate.
Answered on 10/23/11, 5:46 pm
Bob Leonard
Bob Leonard Law Group, PLLC
This actually happens more than you would think. The courts are used to discrepancies about parentage and the district attorney would probably consider your request to prosecute to be more about revenge than anything else.
Answered on 10/25/11, 7:24 am