What is a presumed father?
The Texas Family Code states that the following individual are presumed to be the father of a child:
- A man who was married to the birth mother at conception
- A man who married the birth mother after the child was born and treated the child as his, was voluntarily named on the birth certificate or asserted his paternity with the paternity registry
- A man who filed an acknowledgment of paternity
- A man who continually resided with the child during the first two years of the child's life and represented to others the child was his.
If someone is a presumed father the only way to challenge this presumption is to initiate a Court proceeding wherein the Court finds that someone else is the father or if the presumed father files a denial of paternity at the same time another individual acknowledges paternity.
How does a father challenge paternity after signing an acknowledgment of paternity?
To challenge a presumption of paternity, the person challenging this presumption (because they wish to rescind an acknowledgment of paternity), must file a lawsuit within:
- 60 days of filing an acknowledgment of paternity
- Prior to any Court hearing relating to the child.
After this rescission period, a parent may challenge paternity only on the basis of fraud, duress, or material mistake of fact. This lawsuit must be filed within four years of the signing of the acknowledgment of paternity. The rules are different if the man was under the age of 18 at the time the acknowledgment was filed.
Will genetic testing be done?
The court can order genetic testing at the request of either party so long as paternity has not been previously established by Court order or an acknowledgment of paternity that has not been successfully rescinded.
What happens after paternity is established?
Once paternity is established the case proceeds as any other child custody case.
What happens if a Court incorrectly names me the father of a child?
Beginning May 12, 2011, if a man has been named the father, in a prior court order, of a child that is not biologically his, he may file a lawsuit to terminate his parental rights including his obligation to provide child support. The man has one year from the date of discovering that he is not the biological father of the child to file such a lawsuit. If the man knew he was not the biological father of the child prior to May 12, 2011 he has until May 12, 2012 to file a lawsuit. The law also allows the Court to make orders for the man to have continued possession and access if evidence is presented that a continued relationship with the child would benefit the child.
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From my office in Austin, I provide legal advice and representation for clients throughout Travis County, Williamson County and Hays County, Texas. To arrange an initial consultation with an experienced Austin child custody lawyer, call my office at 512-708-0947 or contact me by e-mail.
