Can paternity be contested or disputed once it’s established in Texas?

Determining paternity is a critical element of family law in Texas, impacting vital areas of a child’s life including child support, custody, and visitation privileges. With the advent of DNA testing, establishing paternity has become more straightforward, yet there are circumstances where an individual may seek to dispute paternity for various reasons. This article delves into the procedures for contesting paternity in Texas, outlining the legal avenues available and the significance of DNA testing in these situations.

Reasons to Contest Paternity

Individuals might challenge paternity for multiple reasons, such as:

• Doubts about being the biological father of the child
• New evidence that questions the initial determination of paternity
• A wish to relinquish parental rights and duties following a change in life circumstances
• Understanding the legal framework and options for contesting paternity in Texas is crucial, regardless of the motive.

Paternity Establishment in Texas

Paternity in Texas can be established in three primary ways:

• Presumed paternity: The husband is presumed the father if the couple is married at the child’s birth.
• Acknowledgment of Paternity (AOP): A legal document signed by both parents establishing the father’s paternity.
• Judicial determination: The court may establish paternity through legal proceedings, potentially involving DNA testing.
• For those disputing their biological relationship to a child, comprehending these mechanisms and legal choices is vital.

Methods for Contesting Paternity

In Texas, paternity can be contested in several ways, depending on the situation:

• Rescinding an AOP: If an AOP has been signed, the presumed father has 60 days to rescind it if he later believes he is not the biological father. Beyond this period, challenging the AOP is more complex and typically necessitates a court order.
• Terminating Parental Rights: A man might seek to terminate his parental rights due to changed circumstances. This requires a court order, with the child’s best interests as a primary consideration.
• Filing a Suit to Adjudicate Parentage: This legal action challenges presumed paternity, an AOP, or a prior court ruling. The court might mandate DNA testing to identify the child’s biological father.
• It’s essential to be aware of the time limits for filing a Suit to Adjudicate Parentage, generally within four years of the child’s birth, though exceptions exist. Consulting with a proficient family law attorney is critical to navigate your specific case.

The Importance of DNA Testing in Paternity Disputes

DNA testing plays a pivotal role in paternity disputes, offering definitive proof of the biological relationship between the presumed father and the child. Courts frequently depend on DNA test results in paternity cases, and it’s imperative to utilize an accredited lab for reliable outcomes.

At the Law Office of Dana Baker, we grasp the intricacies involved in contesting paternity and its potential effects on your and your child’s lives. Our seasoned family law attorneys are here to steer you through the process, clarify your legal options, and safeguard your rights and duties. For expert legal assistance, contact us at 979-310-5507.