The Houston Family Law Blog


Understanding Paternity Testing in Texas

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Paternity testing is the procedure that is done to legally establish who the father of a child is. It's a standard procedure when the biological mother is unsure of, or needs proof of who the biological father actually is. And while FindLaw states that these tests have an accuracy range between 90 to 99 percent, Texas family law attorneys will sometimes try to prove in court of the test's inaccuracy.

Some of the grounds for challenging a paternity determination include proving that the lab results were tainted or proving that the test results were tampered with. Other times, a Houston family law attorney will try to argue that the said biological father is sterile or infertile. Even with a proven high level of accuracy, fathers will still sometimes try to challenge the results. In Texas, the paternity action must usually be filed within two years of the child's birth, however, in certain situations a child may bring a paternity action before reaching the age of 20 years old.

PaternityNet.com reports that the state of Texas requires paternity to be established only by a "preponderance of the evidence." This means that paternity can be established as long as the man is more probable than not the father of the child. Other states require clear and convincing evidence to prove the paternity, which is a higher standard of evidence. When deciding paternity, courts often look at all evidence involved, and not just the results of a blood or DNA test. Other evidence could include testimony of the parties, as well as any other facts that discuss how and when the conception of a child occurred.

If you have questions relating to paternity or child support, it may help to speak with a Houston family law attorney.

Related Resources:

  • Privacy and Paternity (FindLaw's Writ)
  • Paternity Tests: Blood Tests and DNA (FindLaw)
  • Find a Houston Family Law Attorney (FindLaw)

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