Paternity

Texas Presumption of Paternity after Termination of Someone Else’s Parental Rights

Published on: June 13, 2023 | by Kate Mataya

Under Texas family law, there are several ways to establish a parent-child relationship between a man and a child, including an unrebutted presumption, an acknowledgement of paternity, adjudication of paternity, adoption, or the man consenting to assisted reproduction resulting in the birth of a child. A mother recently challenged her former husband’s standing to bring a Suit Affecting the Parent Child Relationship (“SAPCR”) and the trial court’s adjudication of him as the child’s father.

The mother gave birth to the child, identified as “Luke” in the appeals court’s opinion, a month after her marriage to “Justin.” The mother identified another man as the child’s biological father and Justin admitted he was not the child’s biological father.

According to the opinion, the other man’s parental rights were terminated in September 2011 pursuant to an “Order of Termination.”

Justin lived with the child and held himself out to be the child’s father. The mother gave birth to a daughter, identified in the opinion as “Gracie,” in August 2012. Continue Reading ›

Texas Appeals Court Holds Paternity Cannot Be Adjudicated After Putative Father’s Death

Published on: July 8, 2022 | by Francesca Blackard

While ideally a child’s parentage is determined when they are young, that does not always occur. A Texas appeals court recently considered whether the trial court could adjudicate the parentage of an adult petitioner after the death of the putative father.

Adult Child Files Paternity Suit Against Father’s Estate

An adult petitioner filed suit against his mother, his alleged father, and the independent executor of his alleged father’s estate, seeking adjudication of his parentage and a declaration that he was the alleged father’s biological son and had the rights and privileges of a surviving child. The executor filed a motion to dismiss, arguing a suit to adjudicate parentage cannot be brought after the putative father’s death. The trial court denied both the executor’s and the petitioner’s respective motions for summary judgment.

Trial Court Adjudicates Parentage

At trial, the executor moved for judgment, arguing that suits to adjudicate parentage do not survive the putative father’s death pursuant to the Texas Family Code. The trial court denied the motion and adjudicated the putative father as the petitioner’s father.

Challenging a Texas Acknowledgment of Paternity

Published on: June 20, 2022 | by Kelly McClure

iStock-1033856542-300x200 A person may rescind a Texas acknowledgement of paternity no later than 60 days after its effective date, or earlier if a court proceeding on an issue relating to the child is initiated. Once this time passes, the party may challenge the acknowledgement only on the basis of fraud, duress, or material mistake of fact. Tex. Fam. Code § 160.307. Under current law, a proceeding challenging the acknowledgment may be commenced any time before an order affecting the child is issued. Tex. Fam. Code § 160.308. That statute was amended in 2011, however. Suits challenging acknowledgements signed before September 1, 2011 must be filed within four years of the date the acknowledgement was filed with the state.

In a recent case, a man, identified in the appeals court’s opinion by the pseudonym “William,” attempted to challenge an Acknowledgement of Paternity he had signed and filed in 2005. William petitioned the trial court to set aside the acknowledgment in September 2019 “on the basis of fraud, duress, or material mistake of fact.” He did not, however, make specific allegations. The mother argued the petition was time-barred.

Only William testified at the trial. The mother did not appear or participate. The trial court found the petition was untimely and denied it.

Texas Court Finds Alleged Father Time-Barred From Adjudicating Paternity

Published on: May 3, 2022 | by Francesca Blackard

iStock-1033856542-300x200 Under Texas family law, a mother’s husband is presumed to be the father of a child born during the marriage. This presumption can be rebutted by an adjudication of parentage or by a valid denial of paternity filed by the presumed father along with a valid acknowledgement of paternity filed by another person. Tex. Fam. Code § 160.204. If a child has a presumed father, a suit to adjudicate the child’s parentage may not be brought after the child’s fourth birthday unless an exception applies. Tex. Fam. Code § 160.607.

Presumed Father Challenges Paternity Adjudication

A presumed father recently challenged a court’s adjudication that another man was the child’s father, arguing the suit was time-barred. The child was born in May 2014. The mother and her husband separated that October. The mother began cohabiting with the alleged father the following October. The mother and her husband divorced in August 2016. The divorce order provided for visitation by the husband of all four children born during the marriage.

The mother and alleged father got married. The alleged father petitioned for adjudication of parentage after a DNA test showed a 99.96% probability he was Lucy’s biological father. The mother’s ex-husband conceded that the alleged father was likely the child’s biological father based on the DNA test. He argued, however, that the alleged father was time-barred from seeking adjudication of parentage.

Challenging a Texas Acknowledgment of Paternity

Published on: February 6, 2022 | by Francesca Blackard

iStock-1033856542-300x200 Some families choose to resolve custody manners informally. When the parties are the biological parents, subsequent disputes can be resolved through a Texas custody case. When one party is not biological parent, however, resulting disputes may be more complex. In a recent case, a maternal uncle and aunt appealed an order that required them to pay child support for their nephew.

When the child was born, the child’s biological mother asked her brother to act as the child’s father. The brother signed an acknowledgment of paternity, birth certificate, and a verification of birth facts. The birth certificate listed the brother’s wife as the mother. Initially, they all lived together, but the mother moved out following a falling out with the couple.

Mother Files Paternity Suit

In August of 2016, the mother petitioned to adjudicate parentage, asking the court to adjudicate her as the mother and an identified man as the father. The brother and his wife were named as parties, but they also intervened in the case, asking the court to name them the child’s managing conservators and terminate the mother and alleged father’s parental rights.

Genetic Testing of Presumed Father in Texas Paternity Case

Published on: June 24, 2021 | by McClure Law Group

iStock-1033856542 Texas family law presumes a man is the father of a child in certain circumstances, including when he is married to the child’s mother at the time of the birth or when he continuously resides with the child for the first two years of the child’s life and holds himself out to others as the child’s father. Tex. Fam. Code § 160.204. A Texas trial court must generally order genetic testing to determine parentage if one of the parties requests it, but that is not the case if there is a presumed father. Tex. Fam. Code § 160.502. When there is a presumed father, the court may deny the request for genetic testing if the conduct of the requesting party estops them from denying parentage and it would be inequitable to disprove the presumed father’s parentage. In deciding whether to deny a request for genetic testing, the court must consider the child’s best interests, including certain enumerated factors. Tex. Fam. Code § 160.608

A man recently challenged a court’s order for genetic testing and subsequent adjudication that he was not the child’s father. The child was born while the appellant was in a relationship with the child’s mother. According to the appeals court’s opinion, the appellant was aware he was not the child’s biological father but agreed to be listed as the father on the birth certificate. The appellant and the mother broke up, but the appellant continued to see the child nearly every day. The mother subsequently denied him access to the child after they were unable to reach a child-support agreement.

Man Petitions to Adjudicate Paternity

The appellant petitioned to be named a joint managing conservator of the child in 2016. The trial court ordered genetic testing. When the results showed the appellant was not the child’s biological father, the trial court adjudicated him not to be the child’s father. The appellant then appealed and asked the appeals court to name him joint managing conservator.

Successor Judge Had Authority to Reform Judgment in Texas Parental Adjudication Case

Published on: May 9, 2021 | by Kelly McClure

BSgavelx1200-768x432-1 The trial court in a Texas family law case has only a limited ability to change its judgment once its plenary power expires. Generally, plenary power lasts for thirty days from the date the final judgment is signed, but it may be extended if the court overrules certain motions or modifies the judgment while it still has plenary power.

In a recent case, a mother challenged the court’s authority to reform the judgment. According to the appeals court’s opinion, she had petitioned for the adjudication of the parentage of her child. Both the mother and the alleged father sought an order adjudicating him to be the child’s father.

The parties reached a partial agreement and went to trial on the remaining issues.

Texas Appeals Court Affirms Order Changing Child’s Surname to Match His Father’s

Published on: February 1, 2021 | by Francesca Blackard

iStock-1147846829 Sometimes parents disagree about whose surname a child should have. Texas family law allows a court to order a name change for a child if the change is in the child’s best interest. Tex. Fam. Code Ann. § 45.004. Additionally, when a court adjudicates parentage, it may order a name change if a parent requests it and “for good cause shown.” Tex. Fam. Code Ann. § 160.636. Some appeals courts have held that those are two distinct tests, while others have held that the child’s best interest is necessarily good cause and simply determine if the change would be in the child’s best interest even when the name change is requested pursuant to § 160.636.

A mother recently appealed a court order changing her son’s surname to that of his father.

Texas Appeals Court Reverses Order Changing Child’s Name

Published on: May 14, 2020 | by McClure Law Group

When there is a finding of paternity, a child’s father may move to change the child’s name. Under Texas family law and the state constitution, both parents are treated equally, however, so a child’s surname will not be changed to that of the father based solely on tradition. The court may only change the child’s name based on “good cause shown” and the best interest of the child. Some courts consider a showing of the child’s best interest to be sufficient to establish good cause, but other courts require the requesting party to establish both.

In a recent case, the parents agreed on all issues except the child’s name. According to the court’s opinion, the mother told the father she was pregnant while they were dating. She broke up with him after he asked her to consider an abortion. She then got back together with an ex-boyfriend. She gave the child the boyfriend’s first and last names, but called him by his middle name. The mother told the father he was actually the child’s father after she broke up with the boyfriend.

The father filed a petition to establish paternity, appoint him managing conservator, and change the child’s name. The mother asked to be the sole managing conservator and receive child support.

Biological Father Ordered to Pay Child Support to Mother’s Ex-Husband in Texas Custody Case

Published on: April 20, 2020 | by McClure Law Group

A Texas custody case can become complicated when a person learns he is the biological father of a child years after the child’s birth. Although a potential father of a child with a presumed father generally must file for adjudication of paternity prior to the child’s fourth birthday, in some cases, a delay may be excused. TEX. FAM. CODE ANN. § 160.607. In a suit adjudicating parentage, the court may order retroactive child support based on the child support guidelines if the parent has not been previously ordered to pay child support and was not party to a suit where support was ordered. TEX. FAM. CODE ANN. § 154.009.

In a recent case, a biological father challenged an order requiring him to pay retroactive child support and granting custody to the mother’s ex-husband. The mother was not sure who the father was, but married during her pregnancy. The mother and her husband also had a child together. The husband was the presumptive father and was adjudicated the father of both children when he and the mother divorced. The husband was named managing conservator with the right to establish the primary residence for both children.

The mother had told the biological father about the pregnancy when she realized she may be pregnant, and he acknowledged he was aware he could be the father from that time. He went to the hospital the day the child was born. He said the mother told him he was not the father and he did not pursue paternity at that time. The mother told him he may be the father when the child was four years old and a paternity test confirmed that he was the probable father.