Legal Question in Family Law in Texas
How do I force a paternity test when I'm not the custodial parent
This is tricky.
My ex-girlfriend told me today that her 21 month old son is mine. Before she had birth, she married. Her husband was named on the birth certificate. They have since divorced, and her husband won custody.
The custodial parent has known he isn't the father since he found out there was a baby on the way. He refused a paternity test during the divorce hearing. He's not likely to consent for me to get a paternity test done to establish paternity for me with the boy.
I fear he's gonna disappear if I simply ask to be tested.
The mother is now hostile, so she will be of little help with this matter.
What are my options?
2 Answers from Attorneys
Re: How do I force a paternity test when I'm not the custodial parent
The Houston Lawyer Magazine has an old article found at:
"Who's My Legal Daddy? A Bedtime Story for the '90s," John D. Montgomery, May-June 1992, Vol. 29 No. 6, p. 20.
Now, that is ten years old, and things no doubt have changed drastically since then, with the enactment of CHAPTER 160 of the Texas Family Code - UNIFORM PARENTAGE ACT
You might want to find a lawyer practicing family law in the jurisdiction where the child spent the last six months and you may wish to review CHAPTER 160 of the Texas Family Code - UNIFORM PARENTAGE ACT. http://www.capitol.state.tx.us
Re: How do I force a paternity test when I'm not the custodial parent
You have the right to seek a Court-ordered Paternity test. However, he also has the right to contest such. I can explain the procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
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