Legal Question in Family Law in Texas

Received intent to sue papers for paternity

In 2001, the courts declared--name removed--default judgement against my husband because he did not show up for the hearing nor did he respond in any other way. I have been told this makes him the ''legal'' father even though he insists he is not the biological father of this child. He was served with papers (motion for child support) and--name removed--hearing will be held in August. My question is, since they are going to trial, can he request--name removed--paternity test to confirm that he is not the biological father and can the default against him be reversed? And if not, is there any way--name removed--default can be reversed? They are requesting him to bring check stubs from two years ago. He was in prison for two and--name removed--half years and was released this past Christmas. How will this affect him in court?


Asked on 5/25/03, 9:01 pm

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Received intent to sue papers for paternity

There are often ways to reverse default judgments. Without seeing all the various papers of the case I can not advise you on his particular situation. There are simply too many variables and different ways things could have gone. If the paperwork was done properly at the start, all the t's were crossed and all the i's dotted, then paternity testing requests are too late, and custody, visitation and support could all be raised and discussed, though a convicted felon has a long way to go to prove he is a fit father for sole custody.

http://www.reasonable-doubt.com

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Answered on 5/26/03, 12:43 am


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