Paternity Fraud Victim Right's

[CourtClerk]

Texas Code:

§ 160.307. PROCEEDING FOR RESCISSION. A signatory may
rescind an acknowledgment of paternity or denial of paternity by
commencing a proceeding to rescind before the earlier of:
(1) the 60th day after the effective date of the
acknowledgment or denial, as provided by Section 160.304; or
(2) the date of the first hearing in a proceeding to
which the signatory is a party before a court to adjudicate an issue
relating to the child, including a proceeding that establishes
child support.

In other words, if the AOP was signed, he is dad. Period. Even if.

 

[stealth2]

OP - who are you, *actually*, in this situation?

 

[futuredust]

Is this hypothetical part of an assignment for a class or course?

 

[gtzdad]

Texas Code:


In other words, if the AOP was signed, he is dad. Period. Even if.

§ 160.308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR
RESCISSION. (a) After the period for rescission under Section
160.307 has expired, a signatory of an acknowledgment of paternity
or denial of paternity may commence a proceeding to challenge the
acknowledgment or denial only on the basis of fraud, duress, or
material mistake of fact. The proceeding must be commenced before
the fourth anniversary of the date the acknowledgment or denial is
filed with the bureau of vital statistics unless the signatory was a
minor on the date the signatory executed the acknowledgment or
denial. If the signatory was a minor on the date the signatory
executed the acknowledgment or denial, the proceeding must be
commenced before the earlier of the fourth anniversary of the date
of:
(1) the signatory's 18th birthday; or
(2) the removal of the signatory's disabilities of
minority by court order, marriage, or by other operation of law.
(b) A party challenging an acknowledgment of paternity or
denial of paternity has the burden of proof.
(c) Notwithstanding any other provision of this chapter, a
collateral attack on an acknowledgment of paternity signed under
this chapter may not be maintained after the fourth anniversary of
the date the acknowledgment of paternity is filed with the bureau of
vital statistics unless the signatory was a minor on the date the
signatory executed the acknowledgment. If the signatory was a
minor on the date the signatory executed the acknowledgment, a
collateral attack on the acknowledgment of paternity may not be
maintained after the earlier of the fourth anniversary of the date
of:
(1) the signatory's 18th birthday; or
(2) the removal of the signatory's disabilities of
minority by court order, marriage, or by other operation of law.
(d) For purposes of Subsection (a), evidence that, based on
genetic testing, the man who is the signatory of an acknowledgement
of paternity is not rebuttably identified as the father of a child
in accordance with Section 160.505 constitutes a material mistake
of fact.

Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14,
2001. Amended by Acts 2005, 79th Leg., ch. 478, § 1, eff. Sept.
1, 2005.

 

[mommyof4]

Now...pay attention. This is important.

A father that never married the mother finds out after 5 years the child isn't his

The proceeding must be commenced before
the fourth anniversary of the date the acknowledgment or denial is
filed with the bureau of vital statistics unless the signatory was a
minor on the date the signatory executed the acknowledgment or
denial.

Congratulations! Dad has a child.

 

[janemc]

Now...pay attention. This is important.




Congratulations! Dad has a child.

I was just getting ready to ask if the child was 5 when was Affidavit of Paternity? Hasn't 4 years passed?

 

[gtzdad]

Now...pay attention. This is important.




Congratulations! Dad has a child.

I realized after I read that, I was part wrong. I think I read that unlimited part somewhere cause I asked my instructor last night if we had discussed it ever, and she said no. So yea, it's the 4 year thing not the unlimited. Also, you need to change that "Hook 'em" to a Gig 'em!!

 

[stealth2]

And here I thought we don't "do" homework...

 

[gtzdad]

And here I thought we don't "do" homework...

It wasn't homework friend. I simply asked my instructor if I was mistaken, which I was.

 

[mommyof4]

I realized after I read that, I was part wrong. I think I read that unlimited part somewhere cause I asked my instructor last night if we had discussed it ever, and she said no. So yea, it's the 4 year thing not the unlimited. Also, you need to change that "Hook 'em" to a Gig 'em!!

I don't 'gig'. Nice cough up against TT last night.....

See? Since I don't 'gig', I could understand the TX family code.

 

[Silverplum]

It wasn't homework friend. I simply asked my instructor if I was mistaken, which I was.

I knew you were a game-playing fraud.