More details to this question:
I was recently contact by woman I was with 25 years ago, requesting me to take paternity test for her son that is now 25. He has graduated college. His father per birth certificate, died when he was 4 years old. The woman claims she was never sure if he or I was father, and would like to have question answered once and for all. When she became pregnant at that time, she informed me and told me of her uncertainty, but then told me not to worry about it because she was back with the other guy and planned to marry him. She did, but he died of drug overdose 4 years later. If I agree to paternity test, and it is positive, will I be at risk for any financial obligations?
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In Texas, a man is presumed to be the father of a child if he is married to the mother of the child and the child is born during the marriage. Thus, the woman's husband was the presumed father. Any court action to challenge that presumption of paternity would have had to be brought within four years of the child's birth. See Texas Family Code Sections 160.204 and 160.607
If the mother pursued a court action and sought court-ordered paternity testing, the case would likely be dismissed because of the four-year statute of limitations.
Answered on Nov 26th, 2014 at 7:55 PM
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