Denver, CO asked in Child Custody and Family Law for Texas

Q: my wife had an affair,now pregnant, does the man have any legal rights, or can I raise this bay on my own w/ out Custody

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1 Lawyer Answer
Miguel Angel Salazar
Miguel Angel Salazar
  • Brownsville, TX
  • Licensed in Texas

A: As her husband you are the presumed father of the expected child. As such, you are presumed to be one of the parents with legal rights. The biological father would have to start a suit affecting parent child relationship to claim his rights. If that is done a paternity test would be ordered. If the test reveals he is the father then he would presumably would have the rights and duties as a father. The extent of this would have to be decided by a court. Keep in mind Texas does have a 4 year statute of limitations for challenging paternity.

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