Full question:
My wife and I have been separated for quite some time now and are finally going through with the divorce. We have two minor children. My wife recently gave birth to a child whom she admits is not mine. However she is not disclosing the name of the father and so that the new child has my last name. This child is not mine and I do not wish to be responsible for it. My wife has said she is not going to change her last name to her maiden name and is refusing to say who the real father is. Is there any way a judge can make her change her name if she doesn't want to disclose who the biological father is so that I will not have to deal with taking care of a child everyone knows is not mine?
- Category: Paternity
- Date:
- State: Texas
Answer:
Under Texas law, a husband is presumed to be the father of a child born during the marriage. To establish the biological father, a paternity suit can be filed. This suit can be initiated by the mother, the husband, the alleged father, a government agency, or a child-placing agency. If paternity is proven, the court may order that the child take the biological father's last name. However, there are situations where the child may keep the mother's last name. If the parties disagree on paternity, the court will typically order DNA testing to determine the biological father.
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.
