Legal Question in Family Law in Texas
Is it possible
My husband and I are getting ready to go to court with our lawyer to seek joint legal and physical custody of his 4 year old daughter. (I'm seeking others opinions at this point.) We've had a DNA test done and she is my husbands. the situation is as follows, his ex put another man on the birth certificate when their daughter was born( my husband was working out of town and did not make it in time for her birth. my husband spent 7 months raising his daughter until the mother got up and left with the gentleman that she had sign the birth certificate. we have tried to see his daughter repeatedly but she either refused or went back on her word. It was not until she found out from my mother in law that I came into some my from my parents and is now seeking back pay and child support from my husband, but on her terms. her terms being that husband pay backpay and child support with minimal visitation and without changing the birth certificate to my husband being the father. Now judging all of her actions i believe her intentions are purely for the money as she is not married and just had a 3rd child from another man. would we be able to prove this point in court to the judge or would he just throw it out?
2 Answers from Attorneys
Re: Is it possible
You can insist the the birth certificate be changed to your husband as father.
Her greed is irrelevant.
From my experience, no one bothers to get married today.
Many women have every child by another man so that many children only have half-siblings.
Your husband is entitled to a Standard Texas Possesion Order.
Re: Is it possible
Surely you have discussed this issue with your attorney.
Of course her motives are relevant, as is her refusal to allow past visitation.
It does not affect, however, his obligation to support his child. He is obligated, morally and legally to support his child. He is going to have to pay child support, and probably a large chunk of arrearage. Knowing that, why not just settle this case? Especially, if she is motivated by money, and he is obligated to pay the money. Mediate an amount, and a specific visitation schedule. It's going to happen anyway.
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