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    mommynrs's Avatar
    mommynrs Posts: 3, Reputation: 2
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    #1

    May 11, 2010, 12:54 AM
    Family law Texas
    Have a friend married with 8 month old child. Recently she admitted extramarrital affair for over a year. My friend was unaware at time of birth but now suspects he is not the father although he is on the birth certificate. If he can prove he is not the father with DNA testing can he have his parental rights removed and name stricken from the birth certificate? She has filed and served him for divorce while he is overseas, she is trying to sue for child support for the 8 month old but the likelihood of him being the biological father is slim.
    Or is he stuck with this child support his kid or not? She lives in Texas
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    May 11, 2010, 03:08 AM
    Quote Originally Posted by mommynrs View Post
    Have a friend married with 8 month old child. recently she admitted extramarrital affair for over a year. my friend was unaware at time of birth but now suspects he is not the father although he is on the birth certificate. If he can prove he is not the father with DNA testing can he have his parental rights removed and name stricken from the birth certificate? She has filed and served him for divorce while he is overseas, she is trying to sue for child support for the 8 month old but the likelyhood of him being the biological father is slim.
    Or is he stuck with this child support his kid or not? She lives in Texas
    If the case is in Tx he has right to ask the Court for DNA tests/it should be granted/.If he is not the father he does not have to pay CS and his rights and obligations will be removed.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #3

    May 11, 2010, 03:09 AM

    BTW there is 4 year statute of limitation in Tx.

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