Legal Question in Family Law in Texas

Is there any way for me to find out if my husband fathered a child outside of our marriage?? I know the childs date of birth and my husbands name but not the childs full name..


Asked on 7/05/12, 8:19 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I'm not sure but you can contact the Bureau of Vital Statistics in Austin, Texas. I don't have their address or phone number. You can "google" them. That is the place that I would start.

However, since he is not married to the mother, it is likely that he is not currently listed on the birth certificate if the baby was recently born. Many single mothers choose NOT to list a father on the birth certificate at the time of the child's birth.

A father not married to the mother of the child is listed on a child's birth certificate only when a lawsuit called Suit Affecting Paternity is filed by the father voluntarily or the Texas Attorney General files a lawsuit against the father for child support. The TX A G usually takes up to 3 years to file their lawsuit against the father if the mother has received any sort of government assistance while pregnant.

Many hospitals will NOT list the father's on the birth certificate if the parents are not married unless the father is willing to undergo DNA testing at the child's birth or sign a document called an Acknowledgement of Paternity. I do not know how long it takes for this document to become filed in Austin, Texas and to become public. Since the State of Texas is under-staffed, they might be several months behind in filing these public records.

I hope this information is helpful.

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Answered on 7/13/12, 8:25 pm


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