Legal Question in Family Law in Texas

Legal Recourse to Mother after Testing Proves Paternity Exclusion
After 12 years of believing he was the father of his alleged child, my husband recently found out through a paternity test that he is not the biological father. Given that, is there legal recourse to the mother for the emotional trauma, etc. Would child support payments have to continue? Could he still have visitation? Note: The reason for their marriage was due to the pregnancy, they have been divorced 4 years.

Asked on 12/19/00, 3:17 pm

3 Answers from Attorneys

James Grissom Law Office of James P. Grissom

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Re: Legal Recourse to Mother after Testing Proves Paternity Exclusion

There would be no legal recourse to the mother because this father had the opportunity 12 years ago to request paternity testing and for any # of reasons did not. Child support would not continue because he is not the father. Visitation would be up to the judge based upon what is in the best interests of the child. This particular part of your question depends greatly upon the facts and the discretion of the judge.

Answered on 12/26/00, 9:58 am

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David Sergi Sergi and Associates PLLC

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Re: Legal Recourse to Mother after Testing Proves Paternity Exclusion

Do you really think that you are entitled to anything. If anyone should be entitled to an award for emotional damages it is the poor sod that you defrauded into beleiving that he was the dad. I doubt that the poor sod knew that you had had sex with another man as only you knew that.Please do whats right for the child and nothing else.

Answered on 12/26/00, 10:48 am

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