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My girlfriend and I have a 3 month old baby girl together, she is still legally married. What are my rights in Texas?

My girlfriend and I have a 3 month old baby girl together, she is still legally married. What are my rights in Texas?

Full question:

My my girlfriend have a 3 month old baby girl together, she is still legally married .she lives me in my home my two daughters and her daughter. She wants to move to Minnesota, but i love my baby girl what rights do i have to see my baby? I don't want my baby to go to Minnesota. We live here sanantnio texas

Category: Paternity
Date: 04/07/2025
State: Texas

Answer:

Texas has adopted the Uniform Parentage Act. Under this act the following apply:

-The Husband is presumed to the the Father.
-The Husband can execute a Denial of Paternity if the true Father executed an Acknowledgment of Paternity.
-If no denial is executed, the true Father can file a Paternity action to seek a ruling that he is the Father and if declared the Father can obtain the rights and responsibilities associated with being determined the Father such as child support, custody, visitation, etc.

Reference: http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.160.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if you have a baby while still married?

If you have a baby while still married, the law presumes that your spouse is the legal parent of the child, regardless of biological paternity. This means your spouse has rights and responsibilities towards the child. If the biological father wants to establish his paternity, he may need to take legal action to assert his rights, such as filing for paternity in court. In Texas, this is governed by the Uniform Parentage Act (Tex. Fam. Code § 160). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if you are married and have a baby with someone else?

If you are married and have a baby with someone else, your spouse is still presumed to be the legal parent of the child. The biological father can seek to establish paternity through legal action, which may involve DNA testing. If paternity is established, he can pursue rights such as custody and visitation. In Texas, this is outlined in the Uniform Parentage Act (Tex. Fam. Code § 160). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens legally when you marry someone with a child?

When you marry someone with a child, you do not automatically become the legal parent of that child. However, you may gain certain rights and responsibilities towards the child, depending on the circumstances. If the biological father is not involved, you might have the opportunity to adopt the child, which would grant you full parental rights. If the biological father is involved, he retains his rights unless legally terminated. In Texas, these matters are governed by family law statutes (Tex. Fam. Code § 160). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*