Texas Family Code 160.608 – Authority to Deny Motion for Genetic Testing
(a) In a proceeding to adjudicate parentage, a court may deny a motion for an order for the genetic testing of the mother, the child, and the presumed father if the court determines that:
(1) the conduct of the mother or the presumed father estops that party from denying parentage; and
(2) it would be inequitable to disprove the father-child relationship between the child and the presumed father.
(b) In determining whether to deny a motion for an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:
(1) the length of time between the date of the proceeding to adjudicate parentage and the date the presumed father was placed on notice that he might not be the genetic father;
(2) the length of time during which the presumed father has assumed the role of father of the child;
(3) the facts surrounding the presumed father’s discovery of his possible nonpaternity;
(4) the nature of the relationship between the child and the presumed father;
(5) the age of the child;
(6) any harm that may result to the child if presumed paternity is successfully disproved;
(7) the nature of the relationship between the child and the alleged father;
(8) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and
(9) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed father or the chance of other harm to the child.
Terms Used In Texas Family Code 160.608
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(c) In a proceeding involving the application of this section, a child who is a minor or is incapacitated must be represented by an amicus attorney or attorney ad litem.
(d) A denial of a motion for an order for genetic testing must be based on clear and convincing evidence.
(e) If the court denies a motion for an order for genetic testing, the court shall issue an order adjudicating the presumed father to be the father of the child.
(f) This section applies to a proceeding to challenge an acknowledgment of paternity or a denial of paternity as provided by § 160.309(d).