Legal Question in Family Law in Texas

I pay child support for a son that is not biologicaly mine.

I had a child with someone and we got married when he was 2. The day after we were married I found out she was pregnant by someone else. I figured there was nothing I could do so I signed the birth certificate. The child is now 8 and his mother and I have been divorced since 1994. My oldest sone is 11 and wants to live with me and my new family. I want to know if it's possible for my oldest son to choose who he wants to live with. I also want to know what I can do about the child that is not mine, I do not feel I should have to continue to support him. I never legally adopted him since his father never signed his rights away. I want to have a DNA test done to prove he is not my son.


Asked on 10/21/02, 3:10 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: I pay child support for a son that is not biologicaly mine.

1. A child can designate who they would like to live with after the age of 12. It is not binding on the Judge but it will be given serious weight.

2. What does your Final Decree of Divorce state?

If you were found to be his father, most courts will not "bastarize" the child now.

If you agreed to be his dad, then you are his dad.

If you can find someone to replace you, then you can terminate your parental rights and have a new man step into your shoes.

I strongly recommend that you talk to an attorney that knows the Judge in the court of continuing jurisdiction. I am familiar with Harris County judges but perhaps some other county might be more flexible.

Good luck!

Fran Brochstein

713-847-6000 office

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Answered on 10/21/02, 8:53 pm


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