Legal Question in Family Law in Texas

My husband just got a child support letter in the mail saying he is the father of a 10 year old kid. The kid doesn't have the same last name as his mother. Does that mean someone else is legally his father? Does my husband have to take a paternity test?

Asked on 8/19/13, 10:51 am

2 Answers from Attorneys

Cynthia Henley Cynthia Henley, Lawyer
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Who sent the letter? If the AG's office sent it, he does have to take the test. And no, legally the father is the father. There is a presumption that if the mother is married, the child belongs to the husband but that presumption can be rebutted.

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Answered on 8/19/13, 1:52 pm
Fran Brochstein Attorney & Mediator
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Run...don't an experienced family law attorney's office immediately for legal advice. Your husband needs to request a DNA test. He needs legal representation.

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Answered on 8/19/13, 7:23 pm

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