Legal Question in Family Law in Texas

when i married my husband 9 years ago i was already pregnant by another man. my husband signed the birth certificate and an affidavit of paternity at that time in 2003 now 2011 were getting a divorce and he in contempt of his visitation orders at this time and has done dna tests on the kids. Can he contest the paternity of my first child if we were already married and he signed the birth certificate and affidavit of paternity in Texas??


Asked on 7/30/11, 7:07 am

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

There is a new law in Texas that would allow him to escape any responsibility **IF** he can prove that he was mislead by you into thinking the child was his. If he KNEW the child wasn't his and you made it clear to him the child wasn't his, I don't think he'll be able to esape after so many years. The problem is that the law is brand new (effective September 1, 2011) and no one has tested how the courts are going to handle that "mislead" part of the law.

You are going to need an energetic family law attorney to fight this. If you can't afford one, please call the Texas Legal Services Center (www.tlsc.org) and they will refer you to an attorney who will handle your case at a discount. NOTE that if you can show the court where your husband would get the money (e.g. a savings account, etc.), the court will order him to pay your interim legal fees.

Good luck!!

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Answered on 9/12/11, 5:38 am


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