Legal Question in Family Law in Texas

I live in texas. My wife and i have been married for almost 13 years. During this time, she had 2 daughters, both of which i am probably not the biological father. No dna test as of yet. But we are married, and possibly or more than likely i should say going to get a divorce. I have raised the children as my own, my name is on the birth certificate. I really want joint custody, she is against it, but what kind of rights do i have? She is currently seeing the gentleman that is most like the biological father, what rights does he have? I want to do everything possible to continue to be in my daughters life as their father. do i need a lawyer or if we can come up with something is an uncontested divorce better?


Asked on 5/20/10, 11:24 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

At the end of the divorce case, one of two things will have happened:

1. You'll have a decree that says you're the father of the two girls.

2. You'll have a decree that says you're NOT the father of the two girls.

According to section 160.607 of the Texas Family Code, the biological father has until a child's fourth birthday to assert his rights.

And yes, you need a lawyer.

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Answered on 5/25/10, 12:34 pm


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