Why Judges Won’t Finalize The Divorce
Pregnancy is supposed to be a happy and exciting time! During a divorce though, it can be highly stressful. There are no divorces in Texas for women who are pregnant. The courts want to essentially address any of your issues in the final divorce decree. They will determine paternity, custody schedules and potential child support. This proves difficult to do prior to the child being born.
Although there are no divorces in Texas for pregnant women, you can at least start the divorce proceedings. Texas state law allows you to file for divorce and begin negotiating the terms with your spouse or go through mediation to reach a settlement agreement, but only in uncontested cases.
It is not uncommon for us to see children be born outside of a marriage. Often times, this is for a number of reasons, but especially if your marriage is on the rocks. If the paternity in your case is questionable, it may complicate matters because there will be questions relating to paternity that could directly affect any child support and your custody.
If you look at Texas Family Code § 160.204, a pregnant woman’s husband is presumed to have fathered the child if the woman is married at the time of childbirth. It is possible to overcome the presumption if the woman’s husband and the man who actually fathered the child agree about the paternity.
However, sometimes there’s no agreement between the two men. In this instance of questionable paternity, the woman’s husband will be presumed to be the father until a DNA test confirms otherwise after a child is born.
Revisit Your Family’s Plan Today
Usually, waiting for the birth of a baby is a great joy! When there’s discord or a family breaks up during the pregnancy, it can create additional problems. Here, you get the big-firm experience you want without the extras that go with hiring a large firm. We provide the care and attention you deserve for the most important things in life. We are focused on you, your family, and your future. Reach out to us on our website, DM or call us today at 888-981-7509. Our child support attorneys can use their expertise to protect your rights and reach an agreement in your specific case.