Most Americans have seen daytime talk shows where the paternity of a child is in question. The audience claps or boos when the host announces the results, while an emotional man sits on the stage. However, the paternity of a child is not meant to be a spectacle or to be used for entertainment - it involves real people, real children, real emotions and real consequences.
Previous Paternity Rules
There are two ways of establishing the paternity of a child in Texas: DNA testing and acknowledgement. Men have the option to ask for a DNA test before they are legally named the father of a child, or they could forego a test and legally acknowledge their fatherhood.
Until recently, however, it was nearly impossible for men who gave up their right to DNA testing to contest the paternity ruling - even if DNA later showed a man was not the father of a child. This left many men paying child support out of their hard-earned income for a child that was not theirs. The Texas legislature addressed this issue by passing Senate Bill 785, which was signed by Governor Rick Perry on May 12, 2011.
SB 785 Eases Restrictions on Paternity Challenges
SB 785 makes it much easier for men to challenge a paternity ruling, especially if they did not submit to DNA testing when fatherhood was first established. Along with an experienced family law attorney, men can now file a petition with a Texas court asking for a paternity hearing. At the hearing, a court-ordered DNA test will be requested that should conclusively determine whether a man is the father of a child.
Beaumont Enterprise reports a petitioner must cover the costs of DNA testing (often less than $100), but this can be insignificant to the amount of money a man can save in future child support costs. However, although future child support payments will be eliminated, any pending or past due payments must be paid in full (including interest).
Men who are considering establishing paternity or challenging a ruling should speak with an experienced paternity lawyer immediately to discuss their rights and legal options.
