Legal Question in Family Law in Texas

Challenging Paternity, when I had no prior knowledge

I dropped in on a girl from high school a couple years after graduating. We immediately started seeing each other (she had just broken up with another guy.). she soon found out she was pregnant and the Doc. gave her dates that coincided with the time period of being with the previous guy. We ended up going our seperate ways. In Sept. 1998 he was adjudicated the father of the child. in June of this year that same girl and I reunited and are now making plans to marry. after finding a picture of My mom and sister, My fiance compared it to one of her daughter and found a striking resemblence. We decided to do a home DNA test..results were 99.9999996% that I am her Father. The other man has recently taken legal action to try to get Primary custody. What are my options if any to assert my rights. The child is now 8 years old.


Asked on 1/04/05, 3:30 pm

1 Answer from Attorneys
Eric Williams Law Office of Eric L. Williams

Re: Challenging Paternity, when I had no prior knowledge

Texas Family Code, Section 160.609 deals with the time limitations for a child having an adjudicated father.

Basically, you would have had to file a lawsuit within four (4) years of the date of the adjudication. Since you did not do that, you can no longer challenge that adjudication.

Thank you for your inquiry.

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Answered on 1/04/05, 7:12 pm


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