What To Know About Opening A Paternity Lawsuit

Questions regarding paternity can induce extreme stress, worry, and fear in everyone involved, but knowing how the process works can make the experience easier, and having a strong legal advocate on your side can further ease the strain of the situation. A paternity test can prove whether or not you are the father of your children, allowing you access to them if you are, and releasing you from being ordered to pay child support unfairly if they are not. In cases of mistaken or fraudulent paternity, an attorney can make you aware of your rights and help you through the legal process of proving or disproving your biological relationship to the child or children in question.

Under Texas law, there is a four-year statute of limitations on challenging paternity, although this limitation can be overcome in cases of fraudulent paternity. If a man has been informed that he is not the biological father of a child, he then has two years to petition for a change in paternity status, which is a process that begins by filing a claim to terminate paternity. After this claim is filed with the court, the child’s mother must also be notified, and there must be evidence that the man is not the biological father, typically in the form of a blood test, as well as evidence that the man has confirmed paternity (or did not contest paternity) based on false statements made by the child’s mother.

The emotional impact of paternity lawsuits can be intense for both the parents and the children involved. If a petitioner is proven not to be the father of the child, he may still be allowed contact, particularly in cases where terminating contact may cause the child emotional damage. An experienced family law attorney can help parents navigate paternity lawsuits while helping them understand the complex laws and procedures that surround it, so if you are considering opening a paternity lawsuit, call Espronceda Law today to discuss your case with an attorney with proven experience.


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