My child was conceived before my husband and I got married. My husband new there was a chance he was not the father but we married anyway. My child was born 5 months ago and my husband signed the birth certificate. Just recently my husband ordered an at-home paternity test. The results showed that he is not the father. He decided he cannot father a child that is not his. We are seperated now and my husband is intending on divorce. Any advice? What are my rights? Would my husband be considered the legal father because my child was born into the marriage?

An at-home test may very well be wrong.
the only for-sure thing would be to go and get a professional one.

Is there a reason for him wanting to know the true paternity of a child that he loved enough to sign the certificate as well as loving you enough to marry? it sounds to me like an excuse.
...
Under Texas law, a child born to a man and woman who are not married has no legal father. There is a difference between a biological father and a legal father. When the child's parents complete an Acknowledgment of Paternity (AOP) to establish legal fatherhood, this helps to secure the legal rights of the child.
....
I'm not sure if the above statement is correct also for married couples wishing to identify the father but I believe so because a friend of mine went through this same situation

Oh, he's the legal father. If he wants to rebut paternity, he will have to do so through the court.

§ 160.204. PRESUMPTION OF PATERNITY. (a) A man is
presumed to be the father of a child if:
(1) he is married to the mother of the child and the
child is born during the marriage;
(2) he is married to the mother of the child and the
child is born before the 301st day after the date the marriage is
terminated by death, annulment, declaration of invalidity, or
divorce;
(3) he married the mother of the child before the birth
of the child in apparent compliance with law, even if the attempted
marriage is or could be declared invalid, and the child is born
during the invalid marriage or before the 301st day after the date
the marriage is terminated by death, annulment, declaration of
invalidity, or divorce;
(4) he married the mother of the child after the birth
of the child in apparent compliance with law, regardless of whether
the marriage is or could be declared invalid, he voluntarily
asserted his paternity of the child, and:
(A) the assertion is in a record filed with the
bureau of vital statistics;
(B) he is voluntarily named as the child's father
on the child's birth certificate; or
(C) he promised in a record to support the child
as his own; or
(5) during the first two years of the child's life, he
continuously resided in the household in which the child resided
and he represented to others that the child was his own.
(b) A presumption of paternity established under this
section may be rebutted only by:
(1) an adjudication under Subchapter G; or
(2) the filing of a valid denial of paternity by a
presumed father in conjunction with the filing by another person of
a valid acknowledgment of paternity as provided by Section 160.305.

Amended by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14,
2001; Acts 2003, 78th Leg., ch. 610, § 10, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1248, § 1, eff. Sept. 1, 2003.


Do you know who the father is? (I am not asking to be snarky.)

well turns out i'm wrong, i tried... but you really should find out who the father really is

well turns out i'm wrong, i tried... but you really should find out who the father really is
If they had not married or if he had not acknowledged paternity or had it established via DNA, then you would be correct.

I know who the father is but he wants nothing to do with us. If my husband wanted to rebut paternity then there is no one there to file an AOP.

If this is the reason for the divorce, will the court order another paternity test?

What rights does the "legal father" have?

Thank yall so much for your help!

that i know of the 'legal father' would have every rights unless paternity was absolutely proven

he is considered the father. BUT if you know who the other father is and you file on that other person.

They would have your husband sign a denial of paternity. Then also both parties.. your husband and the other man would have to take a paternity test. It happens more often than people think.

he is considered the father. BUT if you know who the other father is and you file on that other person.

They would have your husband sign a denial of paternity. Then also both parties.. your husband and the other man would have to take a paternity test. It happens more often than people think.

One, this thread was dead.

Two, that's NOT the way it works. The presumed father (that would be her husband) would have to deny paternity. Mom can't just go 'file on that other person'.