Legal Question in Family Law in Texas

married,had lovers baby

i am married and i had my lovers baby.my husband and i tried to work things out and his name was put on the birthcert.i am leaving my husband for my lover,and he wants to establish paternity and put his name on the b/c.we are having a paternity test done and i would like to know if a dna test will hold up in court when i get my divorce?how difficult will my divorce be?what if my husband wants to fight test results?we live in the state of texas and my son is 7mths old. thank you


Asked on 9/24/01, 10:14 am

1 Answer from Attorneys
Jean Sudduth Jean Sudduth, Attorney at law

Re: married,had lovers baby

Your husband is the presumed father. Your DNA test will be considered and it is likely that the court will find your lover to be the father. The more your lover does legally - the better your chances. He needs to file a statement of paternity with the state and you might ask your husband to file a staqtement of non paternity (the family law equal of a quit claim deed) if you live in Tarrarnt or surrounding county I can help. You can call my cell phone 817 821- 0945

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Answered on 11/10/01, 8:15 pm


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