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She had a baby while married to me but im not the father. Now we are divorcing.

Houston, TX |
Attorney answers 4


You really need to hire a lawyer and make sure you challenge paternity, because the law presumes you are the father of all children your wife has while you are married to her.

Best wishes,
Eric Gruetzner
Houston, Texas


Although you may in fact NOT be the biological child, under the Parentage Act you are the PRESUMED father. Accordingly, as of the present time, you are the de facto "legal father"--this means you are financially responsible for the child.

Your recourse is to retain an attorney well-versed in parentage law. You will need to LEGALLY REBUT the mentioned presumption. You will need to file an action to declare the non-existence of the parent and child relationship.

If, as a result of the deoxyribonucleic acid (DNA) tests, you will be determined NOT to be the father of the child, any adjudication of paternity and any orders regarding custody, visitation, and future payments of support may be vacated.

Good luck to you & I hope I was able to shed some light on your dilemma.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.


I agree with the other attorneys that have already answered this question.

You need a referral to an attorney in Houston that can represent you.

Call me at 713-847-6000 or email me at

I can send you to someone that takes payment plans and will do a great job for you at a reasonable price.

You definitely need an attorney!

Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.


What the other attorneys have stated to you is correct. You need to get an attorney to assist you so that this case will properly find that you are not the father of the child and that no parent-child relationship exists. You are presently the PRESUMED father since the child was born during your marriage. I would be glad to visit with you concerning your case. I have attached a link to my website which contains my background and contact information.

All answers provided through Avvo are intended to assist in answering simple legal questions and should never be understood to have created or to have intended to create an attorney client relationship between myself and any individuals submitting questions.

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