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  1. #1
    Join Date
    Oct 2020
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    3

    Default (Tx) Establish Paternity After 5 Years Because Ex Girlfriend Frauded Me

    My question involves paternity law for the State of: Texas
    I am an unmarried father trying to prove paternity of my daughter with an ex girlfriend. The child is already 5 now. But I had an arrangement with her mother that we would solve it ourselves and avoid litigation. We have known each other for 18 years. My Ex only told me about my child when she was 3 and asked me to work it out with her instead of going to court.

    My Ex dragged it out with excuses for 2 and a half years. Now daughter is 5.
    She has now gone back on her word and is claiming the presumed father is her real father.

    I have a private dna test and know I am her biological father, but I cannot prove it in court because of the 4 year statute of limitations.

    However, my attorney is arguing that my Ex committed fraud against me and that should dismiss the 4 year law. The judge told us to show him a precedent case where this was established and he will hear our case.
    How do I find a case where that occurred? Does anyone know of a case in Texas?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,519

    Default Re: (Tx) Establish Paternity After 5 Years Because Ex Girlfriend Frauded Me

    It's your attorney's job to find precedents. Not yours.

  3. #3
    Join Date
    Oct 2020
    Posts
    3

    Default Re: (Tx) Establish Paternity After 5 Years Because Ex Girlfriend Frauded Me

    I know. She's working on it. I was just hoping to speed things up. This is a very worrisome predicament to find myself in and I was just looking for a little extra advice and help.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,730

    Default Re: (Tx) Establish Paternity After 5 Years Because Ex Girlfriend Frauded Me

    Quote Quoting Sqrlman
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    She has now gone back on her word and is claiming the presumed father is her real father.
    The presumed father? Does that mean the mother was married at the time of conception and/or birth? If not, why is there a "presumed father"?


    Quote Quoting Sqrlman
    View Post
    How do I find a case where that occurred?
    By conducting legal research. You can do this at a law library if any are open near you. You can use electronic services such as Lexis or Westlaw (both of which cost money) or Google Scholar. Of course, your attorney is trained to do legal research, whereas you obviously are not, and likely has a subscription to Lexis or Westlaw. Thus, you ought to leave the case research to your attorney.


    Quote Quoting Sqrlman
    View Post
    Does anyone know of a case in Texas?
    To the best of my knowledge, no Texas attorneys (much less family law attorneys) post here with any regularity.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,307

    Default Re: (Tx) Establish Paternity After 5 Years Because Ex Girlfriend Frauded Me

    Quote Quoting Sqrlman
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    How do I find a case where that occurred? Does anyone know of a case in Texas?
    I'm sure that your attorney can find cases as fast as I found them. Here's a bunch that address paternity statute of limitations:

    https://scholar.google.com/scholar?h...itations&btnG=

  6. #6
    Join Date
    Oct 2020
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    3

    Default Re: (Tx) Establish Paternity After 5 Years Because Ex Girlfriend Frauded Me

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