Legal Question in Family Law in Texas
Been Subpoenad for Establishing Paternity
I have a family member who has been subpoenaed to go to court to establish paternity. She is the mother of a six year old child, and the ''possible'' biological father would like to establish paternity.
Let me state that she is currently married (although her husband is currently incarcerated-will be getting out this week.) She married about a year after the birth of her child and placed her husband as the dad on the birth certificate (also changed child's last name to reflect that of husband's). Will she go to jail if she doesn't show up for the court date? The subpoena was ''issued'' by the possible biological father, not an attorney or judge. She has tried countless times to send paperwork (birth certificate, soc security card, insurance cards) showing that the child has a presumed father. Does this ''possible'' father have any rights at this time? Is it possible for any strange man off the streets to claim paternity of a married woman's child after 5 yrs of having a presumed father? She has tried to contact the Attorney General and the Judge to dismiss this case, and no one will help her. Seems the only person getting help is this ''possible'' father. Can anyone shed any light?!? Thanks
1 Answer from Attorneys
Re: Been Subpoenad for Establishing Paternity
Absolutely, this person would have rights as a father if he is proven to be the bio dad. A "presumed" father is just that and if the real father can be proven, he will be responsible for the support of the child for the past 6 years. Can she go to jail. You bet. for contempt for failing to obey the order. As for the form of the subpoena, a judge or an attorney is not required to sign the form if it is properly issued - and anybody can command an appearance in Court. If she refuses to obey, the Court will issue a writ of attachment to pick her up, confine her in jail until the case is called again - could be a few days. Your friend needs to get this right.
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