[sooner09]

My question involves paternity law for the State of: Texas
I had an affair 10 year ago and at that time the other person involved had a child 9 months later (after the affair). We were both married at the time, and I was always told that the child was not mine and I have never presumed to be the father (never represented to others that the child was my own). After ten years the other persons ex spouce is suing to prove paternity, due to child support issues. I see that the limits are as follows. Is this true? What are my rights?
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.

[distressedmom]

Why don't you agree to do a dna test and take all the presumptions out of it? You can wait for the court to order you to take one. Or you can do one now and stop looking over your shoulder.

[Ricky]

I'd consult with an attorney in Texas to determine whether the husband is considered the father and whether the courts will seek DNA testing for other individuals in this situation...

If the code you've pasted is correct, it sounds as if the husband will be considered the father.

[aaron]

Is the mother's ex-husband identified as the father on the birth certificate? Was he ever on the birth certificate and, if so, when and how was paternity disestablished?