Paternity Testing Adult child

[momtx]

What is the name of your state (only U.S. law)? TX
17 Pregnant by high school boyfriend 20, broke up never married. Later I heard he was involved in a big bust, then I was advised he was dead. In searching for her grandmother in order to obtain pictures of her father, I just discovered my
daughters biological father is alive and living under an assumed name. My questions are 1. Can my now adult daughter compel him to take the DNA test to establish paternity? I would have done it but was told he was dead. 2. After paternity is established is it possible to sue him for monies he should have paid to support our child?

 

[TheGeekess]

A twofer!

Short answer: No.

 

[Antigone*]

What is the name of your state (only U.S. law)? TX
17 Pregnant by high school boyfriend 20, broke up never married. Later I heard he was involved in a big bust, then I was advised he was dead. In searching for her grandmother in order to obtain pictures of her father, I just discovered my
daughters biological father is alive and living under an assumed name. My questions are 1. Can my now adult daughter compel him to take the DNA test to establish paternity? I would have done it but was told he was dead. 2. After paternity is established is it possible to sue him for monies he should have paid to support our child?

Quoting for posterity's sake. This twofer is quite... well let's say a doozey!!!

that rap song comes to mind... She's a gold digga

 

[momtx]

Not gold diggin-just seeking justice

No I would not be a gold digger, I would just be seeking justice against the lying coward as there are alot of factors I did not go into detail on. And my research of Texas laws states daughter does have the legal right to seek paternity test and since he faked death I could file suit in civil court as he had not only the legal but the moral obligation to support our child.

 

[Proserpina]

No I would not be a gold digger, I would just be seeking justice against the lying coward as there are alot of factors I did not go into detail on. And my research of Texas laws states daughter does have the legal right to seek paternity test and since he faked death I could file suit in civil court as he had not only the legal but the moral obligation to support our child.

First things first: If he hasn't been legally established as Dad (ie, before now) then he has never been legally obligated to support your child.

How exactly how do you know he faked his death? You did not mention that - you said you'd been advised that he was dead. This does not equate to him faking his own death - did you leave out relevant details?

(not that it matters - you have no claim against him either way)

 

[cyjeff]

There is no compulsive event to be triggered by the results of the test, therefore, there is no legally compulsive reason for the test.

 

[Proserpina]

And now for the interesting bit!

If there has never been a legal father of this adult child, then this adult child is actually permitted to file a paternity suit provide s/he does so no longer than two years after s/he became an adult.

(Mom however can't do a darn thing)

Give me a short while and I'll dig up the actual statute.

 

[Proserpina]

I'm thinking the deciding factor in this situation is going to be whether or not Alleged Fake Death Guy was or is the presumed father, versus not.

1. Is there a time limit on getting a court to adjudicate the father of a child?
Yes. Generally, if the child has a presumed father, a suit to determine parentage must be brought before the child’s fourth birthday (there are exceptions).If the child does not have a presumed, acknowledged, or adjudicated father, the suit to determine parentage may be filed at any time.

2. Who can file a Paternity Action?
The following people may file a paternity action: 1) the mother; 2) the man who wants to determine his parentage; 3) a relative of the child’s mother or alleged father if that parent is deceased; 4) the child; 5) a government agency; or 6) any person closely related to the mother of the child if the mother is deceased.

(This is only from an attorney's site - as frustrating as I know it is, I'm trying to find the actual statute; bear with me!)

 

[Isis1]

I'm thinking the deciding factor in this situation is going to be whether or not Alleged Fake Death Guy was or is the presumed father, versus not.



(This is only from an attorney's site - as frustrating as I know it is, I'm trying to find the actual statute; bear with me!)

well!! if you must take so long....i'll go stretch my legs!

actually, i find this very interesting.....

 

[Proserpina]

Here we go:

§ 160.204. PRESUMPTION OF PATERNITY.

(a) A man is presumed to be the father of a child if:

(1) he is married to the mother of the child and the child is born during the marriage;

(2) he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(3) he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(4) he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:

(A) the assertion is in a record filed with the bureau of vital statistics;

(B) he is voluntarily named as the child ’s father on the child ’s birth certificate; or

(C) he promised in a record to support the child as his own; or

(5) during the first two years of the child ’s life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.

(b) A presumption of paternity established under this section may be rebutted only by:

(1) an adjudication under Subchapter G; or

(2) the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by Section 160.305.

§ 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER.

(a) Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than the fourth anniversary of the date of the birth of the child.

(b) A proceeding seeking to disprove the father-child relationship between a child and the child ’s presumed father may be maintained at any time if the court determines that:

(1) the presumed father and the mother of the child did not live together or engage in sexual intercourse with each other during the probable time of conception; and

(2) the presumed father never represented to others that the child was his own.

It would appear that in this instance - barring new information from Mom - Dad is safe; he doesn't (at least from this angle) seem to meet the criteria of "presumed father".