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Joined: Apr 2001
Posts: 3
Junior Member
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Junior Member
Joined: Apr 2001
Posts: 3 |
The state is Texas. How do you know so much about the legal issues by state? I am impressed.<P>Are you saying if the H knew the child was not his from the beginning and claimed to be the father, after a certain amount of time the OW could not come back to my H for child support or paternity? <P>Thanks so much!
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Joined: Oct 1999
Posts: 798
Member
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Member
Joined: Oct 1999
Posts: 798 |
<BR>Slowly,<P>Texas presumption of paternity language is here:<P> <A HREF="http://www.capitol.state.tx.us/statutes/fa/fa015100.html#fa002.151.002" TARGET=_blank>http://www.capitol.state.tx.us/statutes/fa/fa015100.html#fa002.151.002</A> <P>and simply reiterates what I've already said, that the husband is assumed to be the father of children born in a marriage. Now here's where it gets a little weird. If the husband cares to litigate paternity, he has a right to do so until the child reaches the age of majority (18), as mentioned in 160.110:<BR> <A HREF="http://www.capitol.state.tx.us/statutes/fa/fa016000.html#fa002.160.002" TARGET=_blank>http://www.capitol.state.tx.us/statutes/fa/fa016000.html#fa002.160.002</A> <P> <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>(g) A suit contesting a presumption that a man is the biological father of a child may be filed at any time during the minority of the child by:<P>(1) the biological mother of the child;<P>(2) a person related within the second degree of consanguinity to the biological mother of the child, if the biological mother of the child is deceased;<P>(3) a presumed father; or<P>(4) a governmental entity, authorized agency, or licensed child-placing agency.<P>(h) If a presumption of paternity is rebutted, the court shall enter an order finding that the man presumed to be the father of the child is not the biological father.<HR></BLOCKQUOTE><P>I have to admit this has me puzzled. The language states clearly that a husband has the right to litigate paternity at any time until the child is 18. But on the other hand I am aware of a case in Texas in which a man was ordered to pay child support to his ex-wife for children that are not his. My guess is that for the purposes of child support, the husband is subject to some time limit, after which he is on the hook. The Texas online court records only go back to October 1997 and after surfing for a few minutes I didn't see any relevant hits. I occaisionally get access to Westlaw, but I don't have it at my desktop. Anyhow, I'm not a lawyer and in your case you need to see one.<P>Bystander
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