{"id":1477,"date":"2019-12-11T15:20:35","date_gmt":"2019-12-11T21:20:35","guid":{"rendered":"https:\/\/www.texasdivorceattorneyblog.com\/?p=1477"},"modified":"2021-09-30T13:38:38","modified_gmt":"2021-09-30T18:38:38","slug":"texas-husband-considered-childs-father-despite-paternity-test-otherwise","status":"publish","type":"post","link":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-husband-considered-childs-father-despite-paternity-test-otherwise\/","title":{"rendered":"Texas Husband Considered Child&#8217;s Father Despite Paternity Test Otherwise"},"content":{"rendered":"<p>Texas family law presumes a husband is the father of his wife\u2019s children born during the marriage. A presumed father may challenge paternity, but he generally must do so by the child\u2019s fourth birthday.\u00a0 Adjudication of the paternity of a child with a presumed father may occur later, however, if a court finds the presumed father did not live with or have sexual intercourse with the mother when the child was conceived or if misrepresentations led the presumed father to a mistaken belief he was the biological father.\u00a0 Tex. Fam. Code \u00a7 160.607.<\/p>\n<p>A husband recently <a href=\"https:\/\/cases.justia.com\/texas\/third-court-of-appeals\/2019-03-18-00705-cv.pdf?ts=1574860545\" target=\"_blank\" rel=\"noopener noreferrer\">challenged<\/a> a trial court order including a child as a child of the marriage after he presented evidence of a DNA test showing he was not the father.\u00a0 The daughter was born in 2004 and the son in 2012.\u00a0 In 2013, the husband obtained a paternity test confirming he was not the daughter\u2019s biological father.\u00a0 He filed for divorce in 2017.\u00a0 In his petition, he listed both children as \u201cchildren of the marriage\u201d and sought the right to designate their primary residence.\u00a0 He sought child support and medical support from the wife for both children.\u00a0 The wife also sought child support, medical support, and the right to designate primary residence.<\/p>\n<p>Each spouse alleged the other had been unfaithful.\u00a0 The husband presented the DNA test results to support his allegation.\u00a0 When his attorney asked if he was asking the court to say that the daughter was not his child, he indicated he was not and agreed he accepted parental responsibility for her.\u00a0 He indicated the purpose of admitting the paternity test was not to deny paternity, but to show that his wife had been unfaithful.\u00a0 Both parents testified the girl had not been told she was not the husband\u2019s biological child.<\/p>\n<p> <a href=\"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-husband-considered-childs-father-despite-paternity-test-otherwise\/#more-1477\" class=\"more-link\">Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Texas family law presumes a husband is the father of his wife\u2019s children born during the marriage. A presumed father may challenge paternity, but he generally must do so by the child\u2019s fourth birthday.\u00a0 Adjudication of the paternity of a child with a presumed father may occur later, however, if a court finds the presumed [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"class_list":["post-1477","post","type-post","status-publish","format-standard","hentry","category-paternity"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Texas Husband Considered Child&#039;s Father Despite Paternity Test Otherwise &#8212; Texas Divorce Attorney Blog &#8212; December 11, 2019<\/title>\n<meta name=\"description\" content=\"Texas family law presumes a husband is the father of his wife\u2019s children born during the marriage. A presumed father may challenge paternity, but he &#8212; December 11, 2019\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-husband-considered-childs-father-despite-paternity-test-otherwise\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Texas Husband Considered Child&#039;s Father Despite Paternity Test Otherwise &#8212; Texas Divorce Attorney Blog &#8212; December 11, 2019\" \/>\n<meta name=\"twitter:description\" content=\"Texas family law presumes a husband is the father of his wife\u2019s children born during the marriage. A presumed father may challenge paternity, but he &#8212; December 11, 2019\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"McClure Law Group\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"4 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Texas Husband Considered Child's Father Despite Paternity Test Otherwise &#8212; Texas Divorce Attorney Blog &#8212; December 11, 2019","description":"Texas family law presumes a husband is the father of his wife\u2019s children born during the marriage. A presumed father may challenge paternity, but he &#8212; December 11, 2019","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-husband-considered-childs-father-despite-paternity-test-otherwise\/","twitter_card":"summary_large_image","twitter_title":"Texas Husband Considered Child's Father Despite Paternity Test Otherwise &#8212; Texas Divorce Attorney Blog &#8212; December 11, 2019","twitter_description":"Texas family law presumes a husband is the father of his wife\u2019s children born during the marriage. A presumed father may challenge paternity, but he &#8212; December 11, 2019","twitter_misc":{"Written by":"McClure Law Group","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-husband-considered-childs-father-despite-paternity-test-otherwise\/#article","isPartOf":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-husband-considered-childs-father-despite-paternity-test-otherwise\/"},"author":{"name":"McClure Law Group","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#\/schema\/person\/cc788ee45d62b5f4a4fd383744a4ce11"},"headline":"Texas Husband Considered Child&#8217;s Father Despite Paternity Test Otherwise","datePublished":"2019-12-11T21:20:35+00:00","dateModified":"2021-09-30T18:38:38+00:00","mainEntityOfPage":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-husband-considered-childs-father-despite-paternity-test-otherwise\/"},"wordCount":809,"articleSection":["Paternity"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-husband-considered-childs-father-despite-paternity-test-otherwise\/","url":"https:\/\/www.mcclure-lawgroup.com\/blog\/texas-husband-considered-childs-father-despite-paternity-test-otherwise\/","name":"Texas Husband Considered Child's Father Despite Paternity Test Otherwise &#8212; Texas Divorce Attorney Blog &#8212; December 11, 2019","isPartOf":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#website"},"datePublished":"2019-12-11T21:20:35+00:00","dateModified":"2021-09-30T18:38:38+00:00","author":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#\/schema\/person\/cc788ee45d62b5f4a4fd383744a4ce11"},"description":"Texas family law presumes a husband is the father of his wife\u2019s children born during the marriage. 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