Will a judge order him to pay ...

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majh

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During my marriage, after years of abuse and seperation...my husband and I went to court to get divorced so I thought was the case. He didn't want to persue it and now we are still together. He hasn't physically hurt me (as of yet) but the mental torment is still there... as I stated before " it isn't getting any better"
My question now is:
During our seperation,knowing we were getting divorced...he and I began to date other people(i'm NOT saying it was the right thing to do on both parts,but we did) I ended up getting pregnant! I told my husband I still wanted to go through with the divorce and the child was not his.
He still insisted we stay together and that he believed it was his.
Well she was born and of another race. It was obvious it was not his but he still gave her his last name and is on her birth certificate. She is now 5yrs old.
I am now at the point where I really can't hang on to this anymore.
I looked up our case and found that it is still considered active.
I have NO MONEY to afford an attorney..he still controls the finances..I have no accounts in my name and am not on his accounts..I was denied free legal assistance,because I can't prove that I can't afford the help because we are still together in the same home...Does anyone know if there are still attorneys that do PRO BONO work anymore.
I tried to get a job around the time of my previous post til this day and have been ucsuccessful partly because of the recession and mostly because my husband wants to control what type of work I do or if there will be any benefit from the job I get. He works and when I asked him if he could request a different shift so I could work around our kids going to school, he told me NO to figure it out by myself.(But yet he complains that I am not working!!)
Will a judge order him to pay child support for her as well as the others even if a dna test is taken since he is on her birth certificate and has raised her as his own? He is all she knows as a father.
Also..If I want to move to another city in Texas(closer to my side of the family for help once I leave because he has closed me off from my family or friends...No one ever visits me or calls me. He won't allow it)....since the case is still active where I am now, does this mean I have to stay here.

THANKS IN ADVANCE FOR ANY INFORMATION I MAY GET FROM YOU ALL!! REALLY, THANKS__________________
 
I just answered this.

He's legally Dad. Hence he can be ordered to pay child support.

It does seem though, now that I found the statute, that it's too late for either of you to challenge his paternity. It's a done deal:

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.

§ 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER.

(a) Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than the fourth anniversary of the date of the birth of the child.

(b) A proceeding seeking to disprove the father-child relationship between a child and the child 's presumed father may be maintained at any time if the court determines that:
(1) the presumed father and the mother of the child did not live together or engage in sexual intercourse with each other during the probable time of conception; and

(2) the presumed father never represented to others that the child was his own.
 
With regards to moving, you are free to move wherever you like :)

However if you take the kids, Dad can immediately file in court to have the kids returned to him.

If I were you I would file for divorce immediately and request temporary custody of ALL of the children you have together, and request exclusive use of the marital home.
 
Texas is a community property state.

It is very fair to both parties.

You need to speak with an attorney tomorrow.

Don't worry about being able to afford one, the attorney will explain how he/she and you will be provided for financially.

The entire estate derived during the marriage belongs to you both jointly.

If you can't agree how it is to be divided, the court will do it for you.

You can ask to stay in the marital home, to raise your child.

Don't be bullied or give up.

Worry about getting through the divorce, child support, child custody, temporary child support and custody (until the final decree); and nothing else for the next few months.

This will take at least 12-18 months to be finalized.

Speak to a lawyer tomorrow (for all the other details) or ASAP!!!
 
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