Legal Question in Family Law in Texas

In the state of Texas, under any circumstances can the father of a child who has custody of said child sue or demand Child Support payments from the mother, if this child was born from rape?


Asked on 7/02/10, 3:18 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

If the father "has custody," yes, he can certainly be awarded child support from the mother. The rape may be a criminal act, but that doesn't change the fact that children have to eat. And they outgrow their clothes.

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Answered on 7/02/10, 9:42 pm
Bob Leonard Bob Leonard Law Group, PLLC

You might want to rephrase your question. Who raped whom? Was it really rape? Did the mother file charges? If the mother cries "rape" only after the case is filed, it might be understandable that the judge would not believe it. If so, then the judge might award "custody" to the father. IF that is the case, then the "rape" is not a relevant issue, the only issue is whether the mother should support her child and the answer to that question is yes.

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Answered on 7/06/10, 9:59 am


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