Legal Question in Family Law in Texas

Father's Prenatal Obligations

My 22-year-old daughter is unmarried and expecting a baby in August. The father works in Hungary for an American company. Until recently, they planned to marry and he has paid for her prenatal care. This week, however, he decided to end their relationship and have no contact with her or the baby. If paternity can be established during the pregnancy, when would he become legally obligated to re-assume financial responsibility and for how much can he be held accountable? I currently carry her on my medical insurance policy, but this will terminate when she graduates from college in May. How much will his residence overseas complicate this process?


Asked on 3/07/01, 12:03 am

3 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Father's Prenatal Obligations

His paternity cannot be established until after the child is born. There are numerous companies that perform paternity testing for approx. $400.

It is no longer a blood test - merely a mouth swab.

If your daughter does not graduate in May, can she continue on your health insurance?

Serving in a foreign country is difficult but not impossible.

Best of luck to you.

If you are in the Houston area, I would be glad to meet with you and discuss your case in detail.

Fran Brochstein

713-847-6000

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Answered on 5/11/01, 4:53 pm
Eric Williams Law Office of Eric L. Williams

Re: Father's Prenatal Obligations

While you can't legally establish paternity until a baby is born, it is possible to do DNA testing before birth. That process is quite expensive and only used in exceptional cases.

Best to wait until the baby is born to do the DNA testing.

He can be held responsible for at least a part of the prenatal care, so be sure to retain all those records.

Even if her health insurance terminates under your policy in May, you should call the company to determine if she is eligible under COBRA for continued coverage. You will have to pay a higher premimum, but it may be worth it.

His residence overseas does complicate things, but since he works for an American Company, we might be able to work with them.

You most definately need to seek the advise of a good family law attorney. If you will tell me what county this case is in I may be able to refer you to an attorney.

Thank you for your inquiry.

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Answered on 5/13/01, 12:21 am
John Pfister, Jr. Pfister & Associates

Re: Father's Prenatal Obligations

While you can not establish paternity until after the child is born, once it is established then the father may be held responsible for prenatal and maturnity expenses. Keep track of them, even if you pay for them. In addition,he will be obligated to pay child support retroactive to the date of birth. Since the father works for an American company, you have a better chance of garnishing his wages from here.

Good Luck and call me if I can be of further assistance.

John Pfister

972-712-9208

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Answered on 5/11/01, 11:51 pm


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