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Having a child w/new bf while still married-paternity

herewegoagain's picture

Submitted by herewegoagain on Tue, 03/30/2010 - 10:05am

I just called the Texas OAG and they have some automated info about establishing paternity...it states that if mother is married, husband is presumed father of child born...unless bf signs doc at hospital to establish paternity...BUT it states that husband must ALSO sign form negating paternity! Are u kidding? I know dh never did this or even knew about it...plz someone tell me that crazy's kids don't have any way to go back to my dh later to get inheritance, cs, etc...I feel sick to my stomach hearing this!

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TheWife's picture

Submitted by TheWife on Tue, 03/30/2010 - 10:08am

I am pretty sure husband can get a DNA test to DIS-establish paternity.

____________________________________________________________________

Rome wasn't built in a day, and my marriage won't be either.

lynneranne's picture

Submitted by lynneranne on Tue, 03/30/2010 - 10:14am

You have to be careful with this. I know a guy who had a child with a woman who was married. In Michigan if you are married the husband is considered the father. Both the mother and her husband got busted with drugs in their house and were arrested. They placed all of the children in foster care. Including the gentleman I knows daughter. He has been fighting for MONTHS because he wants his daughter and because she was married he is not considered the father. He has had DNA tests and everything and still cannot get custody of his daughter who is in foster care. Its really crazy and horrible but the link they place on marriage is large. So you might want to check it out because you never know what can happen.

Life isn't about the days you have, its about what you do with the days you have.

herewegoagain's picture

Submitted by herewegoagain on Tue, 03/30/2010 - 10:38am

I tried to call another number but it states you must leave your name and number...I don't like doing that. In the info it stated you had 4yrs to contest it, which again I am pretty sure her bf put his name on birth certificate as the daughters seem to have his last name, but I worry also because crazy didn't change dh's last name until years later...

stepmasochist's picture

Submitted by stepmasochist on Tue, 03/30/2010 - 11:42am

Ya, I know about that piece of paper. Even if they divorce, if it's after conception, the ex-husband and the baby daddy are both supposed to sign.

Can you get that document from the hospital (that's who hands it out in my county) and get the birth father and DH both to sign it?

folkmom's picture

Submitted by folkmom on Tue, 03/30/2010 - 11:44am

actually inheritance laws do say that if they were born in the marriage he is the presumed father and they are the presumptive heirs.