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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Question Husband Wants DNA Testing for Divorce

    My question involves paternity law for the State of: TX

    My husband and I are starting the divorce process and he wants a DNA test done on our kids. We have been married 5.5 years and have 3 kids 5,3.5 and 2. I was pregnant with my oldest when we met so he knows for a fact that she isn't his child and her bio has never been in the picture but her bio knows about her and wants nothing to do with her. Can husband get out of child support even though he knew when he signed the BC she wasn't his for a fact. There was not a AOP signed.

    The other 2 were both concieved in the marriage and he has taken them in as his own. Although we both suspect the youngest is not his as we were seperated and actually filed for divorce then but couldn't get it finalized because of pregnancy. I am not sure how this would all work out as far as child support goes. He has claimed and supported them as his own, even now with the divorce buts wants paternity testing. If the youngest isn't his does he still have to pay child support since he was presumed father and never took action towards this till now. Or are the kids suddenly left without a father if he doesn't want to be in thier lives anymore.

    TIA!

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Husband Wants DNA Testing for Divorce

    If you are asking if your husband must provide for children that are not his, the answer is maybe... but probably not.

    If you have children that can be proven in a court of law are not his, he may be able to avoid supporting them.

    The eldest is harder because of the emotional bond that may exist.

    If you wish the other child(ren) to be supported, I suggest you look to those child(ren)'s fathers.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Husband Wants DNA Testing for Divorce

    Seriously? Why shouldn't the bio parents pay child support for their children? I don't understand. Yes, he has the right to question paternity. He may be able to avoid child support.

  4. #4
    Join Date
    Nov 2009
    Posts
    15

    Default Re: Husband Wants DNA Testing for Divorce

    If its anything like WA (where my divorce is taking place) yes he could be held responsible for all children. If the court orders its in the best interest of the children for him to be the father (mainly because he's accepted the children as his own already and there is a father-child relationship).

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