Can my wife collect child support from the biological father of the child that was born while we were married?
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Can my wife collect child support from the biological father of the child that was born while we were married?
My wife and I have been married 6 years. She cheated on me our first year of marriage and got pregnant; the child is 4 years old. I am black; she is white; the child came out white and looks just like the father. I have raised him all his life and he calls me daddy. My wife and I are planning on divorcing. Can she claim child support from me even if blood test shows that the child is not mine? The father is also trying to deny that the child is his. Is there any to force him to do the paternity test if he refuses?
Asked on July 4, 2011 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you can go to court and force a paternity test but that is not for you to do. It is for your wife to do. As for you, you have to just request that a paternity test be done on you and you son. Children born during a marriage are presumed to be a product of the marriage, even if it is obvious that the child is not. How, though, the court will view this matter really needs to be discussed with an attorney in the area since you have taken on the financial responsibilities voluntarily all these years. And really you have to think about something here: you clearly admit that you have a parental relationship with your son even if he is not biologically yours. Now, after 4 years of raising him and forming a bond, you wish to walk away why? For financial reasons? Or because it is more about your wife than your son? Understand that once you break the tie you have no responsibilities but also no rights. You can not ask for visitation and get it. And the only one here that is going to really be effected is the 4 year old innocent bystander.
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