Q: How to respond to a petition to establish paternity in Texas?
I am still married but was separated (not legally) and I had already begun the process of getting divorced when I got pregnant. I filed for child support on the biological father and then I was served a petition to establish paternity. My husband and I have since decided not to get divorced and try to work things out but he has signed a denial of paternity already. I don’t know exactly how I am supposed to respond to the petition or what forms I should fill out
A:
This can be complicated.
The child will be legally presumed to be a child of the marriage/your husband's child. The Bio F will have to overcome that presumption.
First thing you need to do is have a response (called an "Answer") timely filed to the bio F's Petition. You should have been served with the clerk's Citation which tells you when you must filed it, which is Monday after 20 days after date on which you were served. If you miss that deadline, he may proceed to court without further notice to you.
Your husband should also have been sued- I can't tell whether he has been or not from your email.
You should immediately retain an attorney. If you would like to further discuss this, feel free to call me at 817-338-4500.
Thanks. -Jon
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