Legal Question in Family Law in Texas

paternity

Can a man I slept with force me to take a dna test through the courts? My daughter is four months old and the father of my other child has took on the role as her father to. He was there through the pregnancy and birth, has supported me and her, he is listed as the father on the birth certificate. We had seperated shortly and I became pregnant with another mans child. This other man has not supported me or the child in any way. He is saying he's going to get court ordered dna test. Is there any way I can refuse? and if he does take me to court, what are his rights? can he get partial custody or can I request just visitation where my daughter never has to stay the night with him? My daughter has a father already, i'd rather not the biological father come in now and get joint custody. What are my choices? What do I have to do by law? What would happen if i didnt follow through and go to court and/or get court ordered DNA test that he's saying he's going to make me do?


Asked on 10/13/08, 7:25 pm

1 Answer from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: paternity

When you chose to have unprotected sex with this man and became pregnant, this man became a father with all the rights and duties of a father. Just because you returned to a previous relationship does not change that. Yes, he can take you to Court, have DNA testing ordered, and assuming the dna test shows he is the father, obtain an Order naming him as the father and awarding him rights to his child up to and including custody. If he files the suit and you don't appear or refuse to follow the Court's orders, you could very easily lose custody of the child.

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Answered on 10/14/08, 11:08 am


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