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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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My daughter will be 8 in may. Her father is now wanting me

Customer Question

My daughter will be 8 in may. Her father is now wanting me to do a DNA test because we have a court date and he is behind 19,000 in child support. We were married at the time of her birth but he knew when we married she was not his but at the time he didnt care. Can he back out on her now after 8 years and how long of a process or what kind of process would it take and can he force me to have one done.
Submitted: 5 years ago.
Category: Family Law
Expert:  Samuel II replied 5 years ago.

Hi

Under Texas law, if there was a marriage at the time of conception, then there is a presumption of paternity. You are under no obligation to participate in a DNA test. And, if he petitions the court, you can use the following law to argue against it being granted.

§ 160.204. PRESUMPTION OF PATERNITY.

 

(a) A man is presumed to be the father of a child if:
(1) he is married to the mother of the child and the
child is born during the marriage;
(2) he is married to the mother of the child and the
child is born before the 301st day after the date the marriage is
terminated by death, annulment, declaration of invalidity, or
divorce;
(3) he married the mother of the child before the birth
of the child in apparent compliance with law, even if the attempted
marriage is or could be declared invalid, and the child is born
during the invalid marriage or before the 301st day after the date
the marriage is terminated by death, annulment, declaration of
invalidity, or divorce;
(4) he married the mother of the child after the birth
of the child in apparent compliance with law, regardless of whether
the marriage is or could be declared invalid, he voluntarily
asserted his paternity of the child, and:
(A) the assertion is in a record filed with the
bureau of vital statistics;
(B) he is voluntarily named as the child's father
on the child's birth certificate; or
(C) he promised in a record to support the child
as his own; or
(5) during the first two years of the child's life, he
continuously resided in the household in which the child resided
and he represented to others that the child was his own.
(b) A presumption of paternity established under this
section may be rebutted only by:
(1) an adjudication under Subchapter G; or
(2) the filing of a valid denial of paternity by a
presumed father in conjunction with the filing by another person of
a valid acknowledgment of paternity as provided by Section 160.305.


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Customer: replied 5 years ago.
If we took a DNA test would he be able to stop supporting her (not that he does or he wouldnt owe 19000) and remove himself from the birth certificate? he claimes he still wants to be her dad but doesnt want to pay.
Expert:  Samuel II replied 5 years ago.

Hi

If the DNA shows that he is not the Father, the court can consider that. However, when there has been a bonding with the child and this is the only Father they know, the court is reluctant to grant such a request. So while it is possible, I say in my opinion it is not probable.

If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you

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