QUESTION
Can a man request a paternity test from another state? The child is 16 yrs old and mother never acknowledged fatherhood. Mother wants nothing from him
Asked on Apr 14th, 2020 on Paternity - Texas
More details to this question:
My wife and I have been together since the child was 5 yeras old, now 16. She never acknowledged fatherhood and left father name blank on birth certificate, as she wanted nothing to do with him. He was not around when child was born and was in and out of prison. He now has been sending threats over social media and saying he wants a paternity test. He apparently lives in Utah, we live in Texas. Can my wife deny any test?
1 ANSWER
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The man who thinks he may be the father may request that the court order paternity testing if the man files a suit to establish the parent-child relationship. If there is no presumed, acknowledged or adjudicated father then there is no time limit on the man filing a suit to establish the parent-child relationship. The term "presumed" father is one who was married to the mother at the time the child was born or was married to the mother while she was pregnant. The term may apply to other situations as well that are stated in the Family Code. From your description, there is no father on the birth certificate and your wife was not married to the father of the child or to any other person before she married you. My conclusion is, therefore, that there is no time limit past the child's birth on a man bringing a suit to establish paternity.
Your wife does not have to cooperate with the man who is alleging paternity. If he is serious about this he will bring a suit in Texas in the county in which you live and will have your wife served with the suit. Then she will need to participate in the suit.
Answered on Apr 21st, 2020 at 8:27 AM