Legal Question in Family Law in Texas
My son's wife has gotten pregnant by another man. My son is sterile and wants to stay married and raise the child as his own. In the event of a divorce, does this affect his ability to get custodial custody of the child?
1 Answer from Attorneys
I can't predict what the TX Legislature will do in the future.
At the present time, if he's listed as the dad on the birth certificate and acts as a father and bonds with the child, he would be the dad.
However, sometimes at the time of divorce the mother will use this against him to hurt him.
Of course, if the other man knows that the woman is pregnant, he can file a lawsuit to be named the legal dad. If he is the biological dad, then that man will be named the legal father of the child.
I hope this helps.
It is very confusing. Many states are now addressing these sort of issues since dna testing has gotten to cheap and most people can now afford to pay for it. However, Texas is behind other states in dealing with some of these recent dna issues.
20 years ago, dna testing was not even available.
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