Legal Question in Family Law in Texas
I am currently pregnant with my boyfriends child and (finally) going through a divorce with my ex..what form do I need my ex to sign saying he is not the father and where can I find it? I have already filed a petition for divorce stating i wasnt pregnant (we didnt know yet) and turned in my ex's waiver of rights- can I continue on the path I'm at without doing anything or is this paper establishing non-paternity necessary?
1 Answer from Attorneys
There is a presumption (in the law) that a child born to a married woman, or born within 300 days after a divorce, is the husband's child.
You need to put a finding into your decree that specifically mentions the child, and states that your husband is not the father.
Have the child's real father come to court for the final hearing to testify that the chid is his.