Legal Question in Family Law in Texas
Ten years ago, I became pregnant after my husband and I decided to separate. He knew then there was a good chance he wasn't the biological father, but wanted his name on the birth certificate. We divorced and then later remarried. I retained custody of our daughter. We are now divorcing again and he is trying to obtain custody of her. The judge ordered a DNA test during the temporary orders hearing and the results show that she is not his. Is there a chance he could still be granted custody when she wants to be with me and I want her with me and he is not the biological father?
1 Answer from Attorneys
In the divorce decree, does it state that he's the father of the child? That makes a big difference.
If there's a divorce decree that makes a finding that he's the father of the child, that establishes him as the father, especially if he lived with her and raised her as his own (after the divorce, when you and he remarried).
If the divorce decree does NOT state that he is her father, then there are other questions that I couldnt' answer without more information from you. During the time that you and he lived together (after you remarried), did you and he represent that the child was yours?
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