What are a father’s rights regarding a child that may not be his?

My wife and I are heading down the road towards a divorce. There were children, and stepchildren when we got married. We also had a son we had together, who she told me from the start may not be mine. I didn’t care and married her, happily signed the birth certificate, and any form that said I was the father. I love my son. My wife has many health and emotional problems, and we just can’t get along anymore. I know for a fact I could get primary custody of our son but anytime the dreaded “divorce” or “seperation” argument comes up from either of us, she always threatens to have a DNA test done, to try to take my son away from me, just in case.

Asked on November 7, 2012 under Family Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if you are listed as the father on your child's birth certficate you are presumed to be the father. Given the passage of time where you have supported this child your spouse at this time cannot legally force you or your son to have a paternity test using DNA.

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