I recently filed for uncontested divorce and we have no children during marriage but I just noticed that Office of Attorney general setup a court date for Paternity motion. My ex has a son with her ex-boyfriend but he was born before I even met my Ex. Why is I am asked to show up in court? Thanks
If the child was born "before you even met" your wife, it may be a mistake. Children born during a marriage are presumed to be legitimate, but since that isn't the case for you, it is unclear why you would be involved in a paternity motion. I suggest you take the papers you've received to a local attorney asap for specific advice on how to proceed. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
Since your wife gave birth while she was married to you, under Texas law you are what we would call the presumed legal father. With DNA test results that show you are not the father, and / or test results showing another man is the father you can overcome that legal presumption. Your divorce will have to address the paternity issues of any child born to your wife during the marriage, whether you are father or not.
I would appear if for no other reason to have the chance to do DNA testing to disprove you are the father. A DNA test through the Attorney General's office will not cost you any money.
I agree with Ms. Vanauken. Go to court, get your DNA test, and get this behind you.
Good luck in your divorce case!!
You are probably listed as a presumed father in the child support case between your ex and her ex. You can hire a lawyer or just show up. Ignoring it is not a good idea.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
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