Legal Question in Family Law in Texas

I want to leave the father of my children. We are not married nor is he on their birth certificates. What are my legal rights?


Asked on 3/01/11, 1:15 pm

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Unless a court says otherwise, fathers and mothers have equal rights. If he is not on the birth certificate, and if you claim that he is not the father, then he can request a DNA test.

You need to file a suit affecting the parent-child relationship. A judge will then establish the rights of the parents, child support, possession, etc. unless the two of you can agree.

Be aware that if you file this, he may file for divorce claiming a common-law marriage. How that affects you mostly is determined by who has which assets and debt. For example, if you have a large retirement plan, he could claim that it is community property.

You should consult with an attorney before doing anything.

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Answered on 3/02/11, 4:38 pm


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