When a couple gets married, the husband is legally presumed to be the father of any children born during the marriage. However, what happens when the wife has a child with another man while still being married to her husband? This can create a complex situation that must be resolved before a divorce can be finalized. In this blog post, we will discuss the laws surrounding paternity in Texas and how to establish paternity when the husband is not the genetic father of the child.

In Texas, the laws surrounding paternity are outlined in the Texas Family Code 160.204. According to this code, the husband is the presumed legal father of any child born to the wife during the marriage. This is true even if the husband and wife were separated when the child was born. However, if the husband is not the genetic father of the child and he does not want to be the legal father, paternity of the child must be established before a divorce can be finalized. In some Texas counties, it’s even better to establish paternity before starting the divorce process.

Paternity is the legal identification of a child’s father. When paternity is established, the child’s genetic father becomes the child’s legal father with all of the rights and duties of a parent. Paternity can be established by legal presumption (when the parents are married), by voluntary acknowledgment, or by court order.

When the husband is not the genetic father of the child, there are two ways to establish paternity. The first way is through voluntary acknowledgment and denial of paternity. If everyone agrees, the child’s genetic father and mother can sign an Acknowledgment of Paternity (AOP) stating (under penalty of perjury) that the man is the child’s genetic father. The husband (the presumed father) can then sign a Denial of Paternity (DOP) stating (under penalty of perjury) that the husband is not the child’s genetic father. When both the AOP and DOP are completed and filed with the Texas Vital Statistics Unit, the child’s genetic father becomes the child’s legal father with all the rights and duties of a parent, and the husband’s rights and duties as a parent are ended.

The second way to establish paternity is through a court order. The husband, the child’s mother, the child’s genetic father, or another authorized person or entity (such as the Office of the Attorney General) can file a paternity case to ask for a paternity order. The judge will order genetic (DNA) testing (if needed) as part of the paternity case. When the judge signs the paternity order, the child’s genetic father becomes the child’s legal father with all the rights and duties of a parent, and the husband’s rights and duties as a parent are ended.

The Acknowledgment of Paternity (AOP) and the Denial of Paternity (DOP) can be completed at the hospital when the child is born, or before or after the child is born at a certified entity (such as a local birth registrar or child support office). Certified entities can be found by calling 866-255-2006 or searching online. If you need assistance, you can get help completing an AOP or DOP over the phone by calling 866-255-2006 or submitting a request online.

It’s important to note that you will need a certified copy of the completed AOP and DOP form for your divorce. If you have already signed the Acknowledgment and Denial of Paternity forms, you will need a certified copy of the completed AOP and DOP form for your divorce.

For more information about completing an Acknowledgment of Paternity or Denial of Paternity, you can visit the Office of the Attorney General – Paternity Establishment website or call the OAG at 1-866-255-2006. You can also read the Acknowledgment of Paternity and Denial of Paternity guide for more detailed information.

It’s important to keep in mind that the process of establishing paternity can be complicated and may require legal assistance. It’s important to consult with an attorney who can guide you through the process and ensure that your rights and the rights of your child are protected.

In conclusion, when a wife has a child with another man while married to her husband, the laws surrounding paternity in Texas state that the husband is the presumed legal father of the child. However, if the husband is not the genetic father of the child and he does not want to be the legal father, paternity of the child must be established before a divorce can be finalized. This can be done through voluntary acknowledgment and denial of paternity, or through a court order. It’s important to consult with an attorney to ensure that your rights and the rights of your child are protected throughout the process.