Mark D. Dunn Lawyer Attorney divorce enforcement modification custody child support family law Dallas County Collin Denton Modify Modification Visitation Conservatorship Custody Paternity Lawsuit texas tx

[June 2011]

Imagine this scenario: a man and a woman have a sexual relationship.   The woman becomes pregnant.   She sues the man for paternity.   The man doesn't bother to ask for DNA testing.   The Judge eventually signs an order that establishes the parent-child relationship between Dad and the child.   Dad gets visitation; he is ordered to pay child support.

Ten years later, he and Mom have some sort of disagreement, and Dad decides that he wants to bastardize his child.   He never asked for DNA testing before; now he decides he wants it.   Under this new law (S.B. 785, now part of 161.005 of the Texas Family Code), Dad can go back to court (understand that by now all the legal deadlines for appeals, motions for new trials, and bills of review are long past) and demand DNA testing !!!!

And if the DNA test comes back "negative," Dad is off the hook.   His obligations as a parent, and his legal relationship with the child, are terminated.

That "final order?"   Turns out it wasn't final after all.   All Dad has to do (ten years after the fact) is say, "She lied to me!!!"

Yes, this is the (new) law in Texas.   Nowhere else in all of Texas law do you find a provision that allows a party to erase the final judgment of a District Court after the passage of so many years.

This tells me a lot about the character, or lack thereof, of the Senators and Representatives in Austin.   Shame on them.

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Disclaimer (the fine print) The information on this website is not legal advice, and it may not be applicable to any specific set of facts ... especially your own personal situation. The perusal of this website does not establish an attorney-client relationship. You should consult an attorney for advice regarding your individual situation, and I invite you to contact me; I welcome your calls and emails. Contacting me does not create an attorney-client relationship. Please do not send any confidential information to me. I am an attorney licensed by the Supreme Court of Texas to practice law in all State courts and certain Federal courts, but I'm not board certified by the Texas Board of Legal Specialization.