Let’s say
you got married to your high school sweetheart and then the union went south. You
separated years ago, didn’t get a formal divorce and don’t even know where he
is.
Later, you
meet the man of your dreams and you find out you’re pregnant. Everything’s
perfect, right?
Not really.
In the state of Texas, any child conceived during a legal marriage is presumed
to be the biological offspring of the male spouse.
That means,
as far as the law is concerned, your long-lost spouse is a new father and not
your boyfriend.
Don’t worry
though. There are legal remedies for your situation and an experienced divorce
and family law attorney can help.
The good
news is that the presumption that the child is a product of your old marriage
is “rebuttable.” That means that you can offer evidence to disprove the
presumed fact. In this case, you will need to demonstrate to the Court that the
child is, in fact, not the offspring of your ex-spouse.
The first
step in the process is to get legally divorced. Be sure and tell your attorney
about your unique situation, so he/she can add the appropriate language to the
Final Decree of Divorce. The husband must sign a Waiver of Interest in the
Child and an Affidavit for Voluntary Relinquishment of Parental Rights prior to
finalization of the divorce. Then, the true biological dad should execute an
Acknowledgment of Paternity form and file it with the state Bureau of Vital
Statistics to protect his rights to the child.
What you decide
to do from here is up to you. But at least you have cleared some major legal
hurdles from your path. Moreover, getting these legalities straight will ensure
that your child and your boyfriend, and possibly future husband, will be
legally obligated and connected to his child. And the child won’t be confused
as to his or her parentage.
If you have
any questions, please feel free to contact me for a free consultation.
