Houston, TX asked in Child Custody, Child Support, Divorce and Family Law for Texas

Q: Hello,my ex wants me to get a dna to prove paternity and get me for child support

So she has a 10yr old girl who she says is mine,and now after all these years she want to get me to take a dna test.she has been with a guy that was there since she was pregnant until recently last year they broke up.they were together for 9 yrs or so but never married.the guy signed the birth certificate and accepted the little girl as his daughter knowing there might be a chance she wasnt his.my ex told me all this btw.can she make me get a dna test and if it does turn out the little girl is mine would i pay child support?

2 Lawyer Answers
Paul Ylvisaker
Paul Ylvisaker
Answered
  • Divorce Lawyer
  • Sierra Vista , AZ

A: Depends. With the ex-boyfrien on the birth cerificate, there is a presumption he is the father; it is not conclusive evidence, but certainly compelling. Yhe amount of time that has transpired and the circumstances are a little suspect. Nevertheless, if you voluntarily submitted to a paternity test or the Court ordered it and you were found to be the biological father you would be responsible for child support and possibly past child support for a specified period of time by law if the court ordered. There are factors that go into that determination that are beyond the scope of this answer. The facts you described would weigh heavily in that decision. Given the circumstances you described, and only those I might be inclined to advise you to not take the paternity test unless ordered by a court. I do advise you to seek counsel to have your options explained in more detail.

Kelly Case agrees with this answer

5 users found this answer helpful

Kelly Case
Kelly Case
PREMIUM
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Unless you have been ordered to provide a DNA sample by the Court, I would not agree to do one voluntarily, especially since you have suspicions that the child is not yours. As always, I suggest you actually spend the time and money consulting with a lawyer and providing them with all of the facts in your case. It is the only way to obtain a useful answer that you can rely upon. If the child is yours, you will pay child support, eventually.

3 users found this answer helpful

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