Legal Question in Family Law in Texas
A married woman has a child with another man and does not acknowledge him as the father on the birth certificate. Who is legally responsible for the child? and the Babys daddy wants nothing to do with the child but the mom wants him to at least know hes got a child.
1 Answer from Attorneys
In Texas, a child born to a married woman is presumed to be the product of the marriage. In Old England, this was called Lord Mansfield's Rule. It is one of the strongest presumptions in the law.
So - the Mom's husband is legally responsible for the child.
Real Dad has the right to file a paternity action (to establish his rights). Husband (non-Dad) can deny paternity in connection with a divorce, and ask for DNA testing.
But if neither of these is ever done - Mom's husband is the legal father.
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