Let me tell you a true story which came right up through the courts of Texas and finally was appealed to the United States Supreme Court. The U.S.S.C. denied cert (didn't hear the case) which meant the appeal court decision stood.
The facts in a nutshell. Mom and dad were married and three boys and one girl was born during the marriage. At the time of divorce, the petition for divorce alledged that "the following children were born or adopted during the marriage" and the names, date of birth, etc. were stated. Neither party challenged paternity at that time. The divorce decree found that the children were born or adopted during the marriage, set standard visitation, child support, etc..
Some years later, Dad remarried. Step mom is R.N.. So when step mom learned that one of the sons has cystic fibrosis and that neither mom nor dad has cystic fibrosis, step mom became suspicious. (Child support was several hundred dollars per month.) Dad and stepmom decided to have l paternity tests done on all four children. The results: daughter is the biological daughter but the three boys are not the biological children of dad but all three boys have are brothers. Daughter is a half sister, biologically.
Of course Dad and stepmom seek to undo the divorce degree which found Dad to be the father of all four children and to reduce child support based accordingly. ( Dad and stepmom also felt that they could no longer exercise visitations with the three boys but was willing to continue visitations with the daughter. The court would find that it was no longer in the children's best interest for Dad and stepmom to have visitation with the children.)
In a nutshell, Dad petition was denied. The time to challenge paternity is when it is asserted. The matter is res judicata. A court order was entered with the finding that all four children were born or adopted of the marriage; therefore the legal father of all four children is the husband. On appeal the appellate court upheld the trial court.
Like I said, the U.S.S.C. was presented with the opportunity to hear and reverse the case.
Motion for cert 1/7/2002
Disposition: Motion or Writ Denied
