Legal Question in Family Law in Texas
I'm married and had a child with another man. My husband and i havent been together in 7yrs. I was told since i am still legally married i couldnt put my sons father on the birthcertifacate, until my divorce is final. I didnt put either name on his birthcertifacate. His biological father is trying get custody of our son. Im tryn to find out how he go about doing that?
1 Answer from Attorneys
Since you were married at the birth of the child, your husband is the presumed father. You need to file a "Suit Affecting the Parent-Child Relationship" in your county and ask the court to find that the biologic father is the legal father of the child. Once it does that, then the court can order that you and the father have certain rights and duties, that you and the father will have a possession schedule, and that one of you will pay child support.
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