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Old 10-17-2014, 06:24 PM   #1 (permalink)
Junior Member
Join Date: Oct 2014
Location: Texas
Posts: 1
Acknowledged father of 11 years being challenged after awarded temporary custody


My name is Houston and I live in Texas. Yes my name is Houston. Anyway I have been a single father since my daughter was 8 months. I had her in Florida and I did sign the acknowledgment of Paternity when she was born which makes me her legal father.

I had my daughter in Florida and moved to Texas when my daughter was 6. My daughter' smother moved down to texas a year later with her older daughter to be closer to our daughter. 10 months ago my daughters mother all of a sudden wants superior control over my daughter even after my daughter has lived with me for the past 11 years and she does not fanatically support her. So a retained an attorney and won temporary orders and child support.

Her mother is now saying my daughter is not mine and is asking for a paternity test to determine paternity.

My question is can she do this after 11 years even after during the temporary hearing she told the judge I was the father and was not contesting the paternity.

Sec. 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 may be commenced at any time before the issuance of an order affecting the child identified in the acknowledgment or denial, including an order relating to support of the child.

Is it too late for her to challenge the acknowledgment of Paternity since she did not challenge it before she was ordered support of the child.
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