Legal Question in Wills and Trusts in Texas

if a woman is married to her husband and has a child from an affair during her marriage,, is the husband legally obligated to support the child during the marriage or if they get a divorce, would the child be considerd a legal heir if not the biological child of the husband at the time of birth? even though his name is on the birth certificate of the child.


Asked on 9/29/10, 3:39 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

All children born to a married woman are presumed to be children of the husband, whom he is legally obligated to support. A suit could be filed to prove otherwise and to obtain child support from the biological father. You should see an attorney if you are interested in filing the suit.

If a child is not the biological child, but is adopted by the husband, it is a legal heir.

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Answered on 10/05/10, 6:00 am


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