Legal Question in Family Law in Texas
my husband think he has a child. He went to take a DNA test in 2008 but the mother of the child never showed up. The mother no longer has custody of the child, her ex husband does cause when the child was born she was married. So her ex husband is the presumed father. If my husband tries to take another DNA test and the child is his, can he fight for custody? And if so would he fight the ex husband who now has custody of the child or would he fight the state?
1 Answer from Attorneys
Your husband is on the very edge of being able to fight for custody. If the other man has acted as the child's father for 4 years, then it's almost impossible to assert any parental rights at this point. If your husband did decide to go for it, he would fight whomever has a legal relationship with the child. The mother may have lost "custody" of the child, but she might still have a legal relationship (unless her rights have been terminated).
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