Legal Question in Family Law in Texas
Impact of Paternity after Divorce finalized
My marriage ended in Arizona shortly after the birth of my child, finalized a year later. Child is now 6 yrs old. Both ex and myself have relocated to different cities in Texas. Under joint custody, I am the primary with child in my care most of the time. 1. Ex wants to modify visitation to see child more frequently. Ex has even suggested child live with him when he is older.This is unacceptable to me. Ex is threatening court proceedings, would they be heard in Texas or Arizona?
2. Complicating further, the paternity of my child is in question. My husband and I were physically separated but reconciled around the time of conception. Husband's name is on birth certificate. If my ex husband proves to not be the father, is he still responsible as the ''Dad'' having an established relationship and paid child support over the past 5 years? Would I have to repay any monies if he is proven not to be the biological father? What rights can he claim or deny to my child? I have never denied him visitation or access to the child and child considers ex his ''Daddy''. I want to protect my child as much as possible from any fall-out on this issue and do what is in the child's best interest.
1 Answer from Attorneys
Re: Impact of Paternity after Divorce finalized
Modification of the Orders concerning the parent-child relationship can be moved to TX and probably should be since all parties are now in TX. If you ex-H has any idea that he is not the father, he could bring an action to prove paternity, but that might not be heard now that 6 years has passed. That would depend upon discretion of the Court. If he is found not to be the bio-father, he might still seek a legal relationship based upon the length of his past relationship with the child.
This is a very complex legal problem and should be discussed in greater detail with an attorney. If you are in Hidalgo, Cameron or Willacy Co., You may call me at 956-424-1644.
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