Texas Family Code 160.309

[Kareba11]

I did a paterinty test on my son and a child that he was being told was his.The result came back that my son is not the biological father of the child, who is now 18 months. I went to Legal Aid to have my sons name removed from the birth certificate.There they told me that I would have to request removel through the Attorney General's office.Then I was told that I would have to file with the courts to have his name removed from the birth certificate, a procedure for retention or challange, Texas family code 160.309. When the child was born my son signed a form that he was the father, because he was not married to the mother unaware that she knew differently and had lied to him.Do I need to have an attorney to initiate paternity proceedings or can I file with the court myself? I do not want this girl filing against my son for child support for this child. How do I get his name off the birth certificate asap?PLEASE HELP!!! Thank You Texas Mom.

[aaron]

The "he has to go to court" instruction presumably was given because the 60-day window for rescission of an affidavit of paternity has expired. The governing statutes provide,

Sec.A160.308. 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.

Sec.A160.309. PROCEDURE FOR RESCISSION OR CHALLENGE.

(a) Each signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial of paternity.

(b) For purposes of the rescission of or a challenge to an acknowledgment of paternity or denial of paternity, a signatory submits to the personal jurisdiction of this state by signing the acknowledgment or denial. The jurisdiction is effective on the filing of the document with the bureau of vital statistics.

(c) Except for good cause shown, while a proceeding is pending to rescind or challenge an acknowledgment of paternity or a denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.

(d) A proceeding to rescind or to challenge an acknowledgment of paternity or a denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under Subchapter G.

(e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or a denial of paternity, the court shall order the bureau of vital statistics to amend the birth record of the child, if appropriate.

It's possible to do this without a lawyer, but most people would find that process to be quite complicated.