How do I prove disprove paternity ifI live in one state and the child lives in another?

A woman from my husbands’s past is saying he fathered her son. She lives in another state. They did date but the dates for the child’s conception don’t match up. We would like to prove he isn’t so she’ll leave us alone but we live in a different state and are not sure of her states paternity laws (TX). In out state (OH) if the alleged father requests the test but is proven not to be the father the mother has to pay. We just aren’t sure how it all works in out of state.

Asked on October 28, 2011 under Family Law, Ohio

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have to file the paternity petition in the state where the child is domiciled, which in your case would be Texas. Although I am not familiar with the specifics in Texas, most states require the person requesting the test to pay and then can seek to be reimbursed by the other party in the event that they are successful. So in your case, your husband will most likely have to pay for the test but if he is not the father, he will have to be reimbursed by the mother of the child


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