Texas Paternity Legal Questions

Yes. The father has a right to a paternity test. There is a statute that allows him to be tested under a court order if he has reason to believe he is not the father. He can do this even though he signed the papers saying he is the father. He has to file a petition, though, so if he hasn't done that, he might not be serious about the paternity test. Either of you can get paternity testing without a court order.... Read More

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.... Read More

The first thing that needs to be done is a DNA test. The attorney general may pay for it, but your boyfriend needs to be prepared to pay. If the child is his, he will have a standard possession order for over 100 miles and he will pay standard child support. You can find more information out about those issues on the attorney general's website: https://www.texasattorneygeneral.gov/child-support... Read More