Legal Question in Family Law in Texas

My boyfriend and I have a two year old daughter.Since he's not on the birth certificate, does he have to do a paternaty test befor he can sue for custody? And since I've been her primary care provider, would the court lean in my favor?

Asked on 10/13/09, 7:08 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

He would file a paternity suit, and in connection with that he would ask for custody. You could then file an answer demanding DNA testing.

Unless you have skeletons in your closet, you would probably get custody.

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Answered on 10/19/09, 3:54 pm


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