Father of a child who's mother is married to another man.

[TRAIN]

What is the name of your state?TEXAS
My son got involved with a woman 5 yrs older than him who is married, but was seperated at the time. She got pregnant with my son's child, filed for divorce two months later but never finalized it. Now she says she will not get divorced because she is still in love with her husband and they are discussing getting back together. The whole while she was supposedly seeing my son, she said she would give the baby his name and joint custody. Now she is going back on that.
The baby is scheduled to be delivered 9-2-04 by C-section. What are my sons rights. Will he have any. He is 20 and she is 25. He is so very much in love with the baby already and was very crushed when she said they were through only a few days ago. Although she really has been treating him badly for month. He has an appointment with an attorney Monday, 6-28-04, but I cannot wait to get some information. This baby will be the first born of my first born. The baby is a girl and they have already named her. If anyone has any information for me, please respond. I would greatly appreciate it.

 

[Lil Miss Smarty Panties]

He will have to wait until the baby is born before he can do anything. When she is born his lawyer will file for a paternity test and establish visitation and child support once he is proven the father.

 

[I AM ALWAYS LIABLE]

He will have to wait until the baby is born before he can do anything. When she is born his lawyer will file for a paternity test and establish visitation and child support once he is proven the father.

My response:

LMSP, how do you propose that our writer's son will be able to prove paternity when the mother will refuse to take a blood or DNA test? Remember, the woman is married, and the baby will be, by law, "presumed" to be a "child of the marriage".

So, assuming she wants this 20 year old boy out of her life, all she has to do is basically say to the court, "This guy is crazy. I've never seen him before in my life, and I'm not taking any test, and you can't force me!"

In effect, she can say "Screw you" to everyone, and the child will be presumed to be her husband's child.

IAAL

 

[Lil Miss Smarty Panties]

When BCB was here, he/she addressed this same issue and I was telling this poster the same thing a TX lawyer said to someone else in the same situation. But I'm not in the mood to spar so you take it from here and I'll shut up.