Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My husband just recently found out that he has a 12 year old daughter after taking a paternity test in Texas. Here is the catch, they had another man sign the birth certificate when the child was first born. He died about 8 years ago. She just recently contacted us to tell him that he is the father. Does he have any rights? Also she is getting a Social Security check for the child and does not want to stop getting her benefits. However she wants him to also provide support. Is this legal?”
You should speak with a family law specialist in Texas, as this situation involves both Federal (social security) and state law, and so is somewhat complicated. If your husband is the father, then he indeed is responsible for child support, *and* he has a right to get to know his daughter. Also, your husband should definitely take the bull by the horns and get this resolved as soon as possible, because given the positive paternity test, the odds are good that the longer this goes without being resolved, the greater will be the amount of back child support that Texas will order.
