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Statute of Limitations in Texas

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  • 03-08-2007, 01:50 PM
    texasgurl33
    Statute of Limitations in Texas
    I am from texas, 16 years ago before my husband and i were married he had an affair with a married womman , he was between 17 and 18 years of age and she was 36 , she got pregnant and did not tell her husband she did not know who fathered the baby. 6 years ago her husband found out and stayed with her and tryed to work things out, he said he was the father and did not want to go any farther with it , now there divorcing because of other issues and he is trying to sue my husband for fraud stating he knew and purposly ran from his obligations . my question is if he knowing knew this child may not be his and did not proceed with finding out 6 years ago does he have the right to up lift our lives now that their marriage did not work out? I failed to mention the child is haddicapped and i feel he is now trying to get out of it be cause child support will be issued for the child life. I do feel for the child but i dont think its fair that he can change his mind now . oh and they were married 32 years. thank you
  • 03-08-2007, 05:02 PM
    Happy Trails
    Re: Statute of Limitations in Texas
    Looks to me - the guy sat too long on this one. If your husband is getting sued, he should consult with an attorney.

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    § 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.



    § 160.609. TIME LIMITATION: CHILD HAVING ACKNOWLEDGED OR ADJUDICATED FATHER.

    (a) If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or to challenge the paternity of the child only within the time allowed under Section 160.307 or 160.308.

    (b) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is not a signatory to the acknowledgment or a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than the fourth anniversary of the effective date of the acknowledgment or adjudication.




    § 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.



    § 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.
  • 03-08-2007, 09:35 PM
    Just Breath
    Re: Statute of Limitations in Texas
    The husband definitely waited too long to change his status as the presumed father and, therefore, legal father of the child.....so your husband has nothing to worry about. I assume her husband signed the birth certificate? Has DNA even been tested with anyone?
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