Legal Question in Family Law in Texas

Appeal following a negative paternity test

My 25 yr old fiance has been accused by a 45 year old woman of being the father of her 5 year old son. She waited five years to begin any paternity proceedings. A DNA test performed through these allegations proved he was not infact the father. However, she has brought forth another suit alleging that the test was tampered with, due to his family being in the medical profession. The judge dismissed the primary findings, and ordered her to be in the room as his blood was drawn, but, she would incur the expense of the testing. We need closure on this issue. How long can an appeal such as this be acted upon before the case is dismissed? It has been almost 8 months.


Asked on 8/27/01, 3:01 pm

2 Answers from Attorneys
Jean Sudduth Jean Sudduth, Attorney at law

Re: Appeal following a negative paternity test

I would suggest that you hire an attorney to file a motion to dismiss. This is fairly simple thing to do. You will wind up having a short hearing in which the judge will put a deadline on time to retake the DNA samples. If the judge finds that she is stalling after that, he will likely dismiss with prejudice.

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Answered on 9/05/01, 10:50 pm
Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: Appeal following a negative paternity test

The first attorney gave you appropriate advice ...

I will help you, as well ... it just depends on

where, exactly, you are located in Texas ... best to have

a local attorney ...

I am in San Antonio, Texas ...

Let me know if I may be of assistance ...

Best Regards

210.224.5811

210.224.5890 fax

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Answered on 9/06/01, 11:23 am


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