Full question:
A married female has an affair and then gives birth to a child. She is unsure whether the biological father of the child is her husband or the man with whom she had an affair. What are her legal rights to have a paternity test to determine the father of the child? What rights does the lover have if the test determines that he is the biological father of the child?
- Category: Paternity
- Date:
- State: Texas
Answer:
A paternity action can be initiated by the mother, the alleged father, the child, or the Welfare Department. Generally, this action must be filed within two years of the child's birth. In some cases, the child may bring the action before turning twenty years old.
The paternity proceeding can be filed as a separate case, known as a Petition to Establish Paternity, or alongside other cases, such as a divorce. A Guardian Ad Litem may be appointed to represent the child's interests. All relevant parties, including the child, the mother, and the alleged father, must be named in the action.
Any party can request the court to order blood testing, which may include DNA testing. This testing is conducted by a qualified expert approved by the court. If the test excludes the alleged father as the biological father, this result is conclusive proof of non-paternity. However, if the test indicates a possibility of paternity, it is not definitive, as it cannot guarantee one hundred percent accuracy.
The court will consider all evidence, including test results and testimonies, to determine paternity. To establish paternity, the court must find by a preponderance of the evidence that the alleged father is the biological father. If the evidence suggests that he is more likely than not the biological father, paternity will be established.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.