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-   -   Bio Father's rights to married woman's child (https://www.askmehelpdesk.com/showthread.php?t=333699)

  • Mar 25, 2009, 09:40 AM
    rjbattis
    Bio Father's rights to married woman's child
    In the State of Texas, if a wife has an affair during the marriage and becomes pregnant from this man, does this man have any rights to the child even if the wife becomes reconciled to her husband and the husband wants to support the child?
  • Mar 25, 2009, 09:43 AM
    meena17
    No no no... not unless the mother want to give the child to him.. if the mother wants the child she doesent have to... no
  • Mar 25, 2009, 10:01 AM
    stevetcg

    Time Limitation: Child Having Acknowledged or Adjudicated Father [Texas Family Code § 160.609]

    (a) If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or to challenge the paternity of the child only within the time allowed under Section 160.307 or 160.308.

    (b) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is not a signatory to the acknowledgment or a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than the fourth anniversary of the effective date of the acknowledgment or adjudication.


    I could not find a specific statute granting or denying the right to challenge paternity, but since a time limit exists in order to do so, I venture to guess that I just missed it.
  • Mar 25, 2009, 10:04 AM
    stevetcg
    Wooops - here it is.

    Rules for Adjudication of Paternity [Texas Family Code § 160.631]

    (a) The court shall apply the rules stated in this section to adjudicate the paternity of a child.

    (b) The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.

    The husband is the presumed and acknowledged father in this case.

    http://www.oag.state.tx.us/cs/attorn...ch11_paternity - everything you want to know. :)

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