Legal Question in Family Law in Texas
Paternity
My husband has a child with another woman. He is 7 and my husband was married to the childs mother for 5 years. We do not believe the child is his. The mother has also said that he is not, yet he is still paying $400 in child support monthly. Because of that we cant afford to get a paternity test to see whether it is his child or not. If the child turned out not to be his, would he still have to pay childsupport?? Any help would be greatly appreciated.
2 Answers from Attorneys
Re: Paternity
Maybe. You have to get the paternity test to find out. If the mother won't submit to such, you'll have to petition the court for the testing. However, the petition will be met with much skepticism in that it's a little late in the game to now be questioning paternity. If the child was born during your husband's prior marriage, a presumption of paternity exists. If the child really isn't your husband's child, you need to know who the real father is to have an effective chance of substituting the child support obligation.
Re: Paternity
If a court has found the man to be the father of the child, then under Texas law he is the father whether biological or not. The man has been adjudicated to be the child's father by a court of law.
Generally speakings, most courts in Texas will not bastardize a child unless there is a new father (aka step-father) willing to become the father of the child.
I hope this helps.
Fran Brochstein
713-847-6000
www.FamilyLaw4U.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
