Legal Question in Family Law in Texas

I am fixing to sign divorce papers with my current husband, We have lived in different states for 3 1/2 years him in Georgia and us in Texas.. His son (up untill 4 months ago) lived with us and help me raise my daughter in Texas . My husband does help out with money every month.. I have a 5 year old who is not fathered by my husband but he thinks it is. My daughter father is my husbands son..... He was 18 at the time and he is 23 now and wants to be in her life as her father cause at this point my husband (soon to be ex) is never around due to him living in a another state. I want to come clean i think it would be best for my daughter to find out now rather than later on in life..What could happen to me...? I want to give all the money back that my husband gave me... Can he sue me? My step son was 18 when this happened so can anything happen to me because of this? I just trying to figure out what could happen so Ill know going into this.

Thank

you


Asked on 7/20/10, 11:23 am

1 Answer from Attorneys
TC Langford Langford Law Office

Do NOT discuss this situation in an internet or public forum. Seek the advice of an attorney immediately, in a confidential setting. Below is an excerpt from the Texas Penal Code, Prohibited Sexual Conduct. It is a 3rd degree felony.

CHAPTER 25. OFFENSES AGAINST THE FAMILY

� 25.02. PROHIBITED SEXUAL CONDUCT.

(a) An individual commits an offense if he engages in sexual intercourse or deviate sexual intercourse with a person he knows to be, without regard to legitimacy:

(1) his ancestor or descendant by blood or adoption;

(2) his stepchild or stepparent, while the marriage creating that relationship exists;

(3) his parent's brother or sister of the whole or half blood;

(4) his brother or sister of the whole or half blood or by adoption; or

(5) the children of his brother or sister of the whole or half blood or by adoption.

(b) For purposes of this section:

(1) "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.

(2) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.

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Answered on 7/21/10, 8:18 am


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