The reason I asked is because Texas has something called "presumed paternity." In essence, a man can become the presumed father via several methods; if:
-He is married to the mother
of the child at the time of birth; or
-The child is born within 300 days after the termination of the marriage; or
-During the first two years of the child';s life, he continuously resides with the child, and represents to others that the child is his own. [TFC § 160.204]
So, I am going to assume that the ex is the presumed father.
This presumed paternity may be rebutted if:
-The presumed father files a denial of paternity along with an acknowledgment of paternity by another man [TFC § 160.204(b)]; or
-A court determines that he is not the father in a suit filed within four years of the child's birth
[TFC § 160.607(a)];or
-A court determines that he is not the father, and that he did not cohabitate with or have sexual intercourse with the mother during the time of probable conception, and that he never represented that the child was his own, in a suit filed at any time. [TFC § 160.607(b)]
Notice the bolded section? This is his argument. If the ex is the presumed father, the presumption "sticks" if it has not been challenged in four years. Therefore, arguably, the ex is now the father for good, even if not biologically.
The only other way is that the mother would have to prove that the ex did not cohabitate with or have sexual intercourse with the mother during the time of probable conception, and that he never represented that the child was his own, in a suit filed at any time. And since they were married and lived together...
So your husband has a chance at escaping paternity, so to speak. If she files a petition to adjudicate paternity, then it is up to the Court to decide, of course, but this would be his affirmative defense.
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