How do I prove disprove paternity ifI live in one state and the child lives in another?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I prove disprove paternity ifI live in one state and the child lives in another?
A woman from my husbands’s past is saying he fathered her son. She lives in another state. They did date but the dates for the child’s conception don’t match up. We would like to prove he isn’t so she’ll leave us alone but we live in a different state and are not sure of her states paternity laws (TX). In out state (OH) if the alleged father requests the test but is proven not to be the father the mother has to pay. We just aren’t sure how it all works in out of state.
Asked on October 28, 2011 under Family Law, Ohio
Answers:
S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You have to file the paternity petition in the state where the child is domiciled, which in your case would be Texas. Although I am not familiar with the specifics in Texas, most states require the person requesting the test to pay and then can seek to be reimbursed by the other party in the event that they are successful. So in your case, your husband will most likely have to pay for the test but if he is not the father, he will have to be reimbursed by the mother of the child
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.