My questions involve a child custody case from the State of: originally Texas, but the child and custodial parent now reside in Florida, and we don't reside in either of those states now.
My husband's first marriage ended when he found out that his wife was having an affair. In the resulting fallout, he ended up homeless and unemployed, and as such, when she filed for divorce, he did not have a lawyer. Within the marriage, a child was born, and my husband believes that the child is the son of the man with whom his wife was having the affair. Even though my husband states that he was homeless and unemployed, Texas decided that he needed to pay child support for the child born within the marriage. My husband does not have a relationship with the child of any kind.
So now that we're in a position to hire a lawyer, we want to know if this child for whom we are providing support is my husband's biological child. If he is not, we want to get the order for support terminated. If he is, we want to establish visitation so that we can get to know the child and he can get to know his father, stepmother, and siblings. This is confusing and complicated for us because the order was established in Texas as part of the divorce, and the ex and the child now live in Florida. Would we contact Florida to request a paternity test, or would it have to go through Texas first, since that was where the order was first established? In addition, because the child support order was established as a part of the divorce decree, how would we even be able to request a paternity test to determine whether or not my husband is the child's father? If he is not the child's father, what steps can we take to terminate the support order? If he is, how would we go about requesting visitation so we can get to know this child?
Thanks for your help!
My husband's first marriage ended when he found out that his wife was having an affair. In the resulting fallout, he ended up homeless and unemployed, and as such, when she filed for divorce, he did not have a lawyer. Within the marriage, a child was born, and my husband believes that the child is the son of the man with whom his wife was having the affair. Even though my husband states that he was homeless and unemployed, Texas decided that he needed to pay child support for the child born within the marriage. My husband does not have a relationship with the child of any kind.
So now that we're in a position to hire a lawyer, we want to know if this child for whom we are providing support is my husband's biological child. If he is not, we want to get the order for support terminated. If he is, we want to establish visitation so that we can get to know the child and he can get to know his father, stepmother, and siblings. This is confusing and complicated for us because the order was established in Texas as part of the divorce, and the ex and the child now live in Florida. Would we contact Florida to request a paternity test, or would it have to go through Texas first, since that was where the order was first established? In addition, because the child support order was established as a part of the divorce decree, how would we even be able to request a paternity test to determine whether or not my husband is the child's father? If he is not the child's father, what steps can we take to terminate the support order? If he is, how would we go about requesting visitation so we can get to know this child?
Thanks for your help!
Interstate Issues: Disputing Paternity of Child Born Within Marriage in Another State
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