Are there any limitations on contesting paternity after it has been established?

In Texas, paternity is established when a father is listed on a child’s birth certificate or when a court orders paternity. After paternity is legally established, there are limitations for contesting it. For example, if paternity was established with a Declaration of Paternity, which is signed by both parents, then there are limited legal grounds for contesting it. Generally, a parent has only two years from the date of signing the declaration to challenge the paternity in court. There are also limitations on challenging paternity after a court order. Generally, in Texas, a court order of paternity is final and can only be changed if there is evidence of fraud, duress, or mistake of fact. Therefore, if a father was ordered to pay child support but later finds out that the child isn’t his, he cannot challenge the paternity order unless he can prove one of the listed grounds. Additionally, if the father wishes to challenge the paternity order after a DNA test, he must act swiftly. Texas law only allows a parent to challenge paternity within 90 days after the DNA test was completed. After the 90 days, the DNA results are considered incontestable and may no longer be challenged. Overall, even after paternity in Texas has been established, a father still may have the right to contest it, depending on the circumstances. However, limitations may exist on when the father can challenge paternity, such as within 90 days of the DNA test or within two years of signing the Declaration of Paternity.

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