Paternity Tests and Divorce

 Posted on October 24, 2024 in Fathers' Rights

Infidelity is a common cause of divorce. If you know that your spouse has been unfaithful, it might raise questions about whether you are the father of her children. In Texas, when a child is born to a married woman, her husband is legally presumed to be the child’s father. However, the presumption of paternity is rebuttable. This means that you have an opportunity to prove that you are not the father and have the law recognize that the children in question are not your responsibility. If you suspect that you are not the father of your spouse’s children, it is generally best to determine paternity during your divorce. An experienced San Antonio, TX divorce lawyer can help you with this complex situation.

Paternity Must be Established Before Child Custody is Decided

Issues that concern the children cannot be decided until paternity is established. If you suspect that the children born into your marriage are not biologically yours, it makes sense to wait until you are sure to start discussing child custody and child support. The court will likely order a paternity test and wait for the results before moving on to other issues since the paternity issue can affect every aspect of your divorce.

If you are not the father, you may not have legal standing to ask for visitation, and you will probably not owe child support. The mother would be automatically given full custody unless the children’s actual fathers appear seeking visitation but would be solely responsible for supporting the children.

What if it Turns Out I am the Father? 

There is little to lose by asking for proof that your children are yours. However, there is some chance that demanding a paternity test could hurt your case slightly, especially if you are litigating the divorce. Your spouse may claim that you were maliciously lying about her supposed infidelity, and your children may feel hurt if they are told about the test.

What if I Still Want Contact With the Children? 

When you have devoted a lot of time and money to raising children and have formed a deep and loving relationship with them, giving that up might be incredibly hard. Unfortunately, if a paternity test proves that you are not their father, you might lose the ability to pursue court-ordered visitation. If you want to maintain a fatherly relationship with the children, it may be best not to raise the issue of paternity. You can privately take a paternity test if you want to know for personal reasons.

Contact a San Antonio, TX Divorce Lawyer 

Brandon Wong & Associates is committed to providing personalized representation during divorce. Our experienced Bexar County, TX divorce attorneys will discuss all your options with you if there is a question of paternity in your divorce. Contact us at 210-201-3832 for a confidential consultation.