Articles Tagged with presumption of paternity

Published on:

Can a married couple get divorced in Texas while the wife is pregnant?

It is highly unlikely.

Most Texas courts will not grant a divorce to a married couple if the wife is pregnant. Instead, the couple will have to wait until after the baby is born to finalize their divorce, oftentimes causing significant delays to the already lengthy divorce process. This is the case even if the husband and wife both want the divorce and are in agreement on all issues.

Published on:

If you have ever wondered how paternity is established under Texas law, here are a few key points to remember.  First, there are five ways in which a father-child relationship can be established:

  • (1) an unrebutted presumption of the man’s paternity;
  • (2) an acknowledgment of paternity;
  • (3) an adjudication of paternity;
  • (4) adoption; and
  • (5) the man consents to assisted reproduction by his wife resulting in the birth of the child.

Now, what does it take to be considered a “presumed father” under Texas law, and how can that presumption be rebutted?  Well, a man is presumed to be the father of a child if: Continue reading →