Divorce cases can be complicated, but it can be even more complex when a spouse is pregnant. To navigate this difficult situation, it is essential to have an experienced family law attorney on your side.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, discusses the unique challenges of getting a divorce while pregnant in Texas and the importance of having legal representation to protect your rights and the best interests of your child.
All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in the light of Texas Family Law. This content is for educational purposes only.
Challenges Of Getting A Divorce While Pregnant In Texas
Getting a divorce while pregnant is allowed in Texas, but it can be a complex process. The divorce can be filed, and the initial proceedings can begin, but the finalization of the divorce will be postponed until after the child is born. This is because determining the child’s paternity is an essential step in any divorce case involving a pregnant spouse.
The child’s paternity needs to be established to determine child custody, visitation, and support issues. The court will want to protect the child’s best interests, which requires thoroughly examining the family situation.
Moreover, even after the child is born, the divorce proceedings may still be complicated, particularly if there are questions about the child’s paternity. The court will need to conduct DNA testing or other procedures to establish paternity if it is in question. This can delay the finalization of the divorce and require additional legal proceedings.
It is important to have an experienced family law attorney on your side during a divorce, particularly if you are pregnant. A family law firm like Turner-Monahan PLLC can guide you through the legal process and protect your rights.
You may be able to establish paternity in Texas if the biological father is married to the child’s mother at the time of birth. Read more about the importance of establishing paternity and how to accomplish it.
How Does The Family Code Address This Issue?
The specific statutes in the Texas Family Code that are related to getting a divorce while pregnant and the determination of the child’s paternity are:
Section 160.201: Under this section, a man is presumed to be the father of a child if he is married to the child’s mother at the time of birth.
Section 160.204: This section outlines the procedures for establishing parentage in Texas, including genetic testing and court proceedings.
Section 160.505: Texas law governs the use of genetic testing to establish parentage. It provides that genetic testing may be ordered by the court or requested by a party to a suit.
Section 160.607: This section provides that if the presumed father is not the child’s biological father, the court may order the biological father to pay child support and terminate the presumed father’s parental rights.
These statutes are essential in cases where a divorce is filed while the wife is pregnant. The court needs to determine the paternity of the child to make decisions regarding child custody, visitation, and support.
Genetic testing is often used to establish paternity, and the legal proceedings can be complicated, especially if there are disputes regarding the child’s paternity. It is important to seek the advice of an experienced family law attorney who can guide you through the legal process and protect your rights.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
At Turner-Monahan, PLLC, our attorneys have extensive experience establishing fathers’ paternity and parental rights. With a commitment to fighting for your rights, we provide high-quality, experienced representation in all family law matters. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Do Fathers’ Rights Look like in Texas?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Getting An Order Enforced For Child Custody, Marital Or Children Support, And Others
- How Do You Get Medical Information From The Other Parent Who Is Keeping It From You?
- What Is The Law About Holiday Possessions Schedules?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
