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What dads can do when divorcing a wife pregnant by another man

Imagine you are in the middle of a divorce when your soon-to-be former spouse announces she is pregnant. You do the math and realize there is no way you could be the baby's biological father. Will this scenario impact your divorce, and if so, how?

In Texas, when a child is born during a marriage, or even while a divorce is pending, the husband is presumed to be the "good faith," or putative father. In other words, a divorcing man must prove to the Court the child is not biologically his so he won't be financially responsible for it. That is done after the baby is born, usually through a blood or DNA test.

Be certain to attend the paternity hearing because in Texas, the court can issue a warrant for your arrest for failing to appear. Also, if the mother, child or the government are seeking to establish paternity and you fail to appear in court, the court can find you are the child's father. If that occurs, the court can establish a default order, which may include an order to pay child support.

Contact Pfister Borserine & Associates

At Pfister Borserine & Associates, we have protected the rights of people across north Texas for more than 20 years. Board-certified in family law by the Texas Board of Legal Specialization, attorney John J. Pfister, Jr. understands that every case is different and will take the time to learn the details of your situation. We will then carefully craft an individualized approach to help you get the outcome you want.
For an appointment with an experienced divorce lawyer who can help you understand the rights of same-sex couples in Texas, contact our office by e-mail or call us at 972-712-6700.

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