Sec. 160.204. PRESUMPTION OF PATERNITY. (a) A man is presumed to be the father of a child if:
(1) he is married to the mother of the child and the child is born during the marriage;
(2) he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(3) he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(4) he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
(A) the assertion is in a record filed with the vital statistics unit;
(B) he is voluntarily named as the child's father on the child's birth certificate; or
(C) he promised in a record to support the child as his own; or
(5) during the first two years of the child's life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.
(b) A presumption of paternity established under this section may be rebutted only by:
(1) an adjudication under Subchapter G; or
(2) the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by Section 160.305.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 10, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1248, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.055, eff. April 2, 2015.
SUBCHAPTER D. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
Notes of Decisions
Cited in
67
cases (
13 in the last 5 years), 2003–2026 · leading case:
In re Rodriguez, 248 S.W.3d 444 (Tex. App.—Dallas 2008).
In re Rodriguez, 248 S.W.3d 444 (Tex. App.—Dallas 2008).
· cites it 3× “Tex. Fam.Code Ann. § 160.204(a) (Vernon Supp.”
Gonzalez v. Gonzalez, 331 S.W.3d 864 (Tex. App.—Dallas 2011).
“See Tex. Fam.Code Ann. § 160.204(a)(1) (West 2008) (“A man is presumed to be the father of a child if he is married to the mother of the child and the child is born during the marriage.”
In the Interest of S.C.L., 175 S.W.3d 555 (Tex. App.—Dallas 2005).
· cites it 4× “See Tex. Fam.Code Ann. § 160.204(a)(1) (Vernon Supp.”
In the Interest of Shockley, 123 S.W.3d 642 (Tex. App.—El Paso 2003).
“See Tex.Fam.Code Ann. § 160.204 (limiting the presumptions of paternity to those related to marriage).”
In re Narvaiz, 193 S.W.3d 695 (Tex. App.—Beaumont 2006).
· cites it 2× “See Tex. Fam.Code Ann. § 160.102(11), and (13) (Vernon 2002); Tex.”
Dickerson v. Doyle, 170 S.W.3d 713 (Tex. App.—El Paso 2005).
“Tex. Fam.Code Ann. § 160.204(a)(1) (a man is presumed to be the father of a child if he is married to the mother and the child is born during the marriage).”
In the Interest of J.H., 264 S.W.3d 919 (Tex. App.—Dallas 2008).
· cites it 2× “Tex. Fam.Code Ann. § 160.204(a)(2) (Vernon Supp.”
in the Interest of K.M.T., a Child, 415 S.W.3d 573 (Tex. App.—Texarkana 2013).
“Tex Fam.Code Ann. § 160.204(a)(1) (West 2008) (A man is presumed to be the father of a child if "he is married to the mother of the child and the child is born during the marriage.”
In the Interest of C.J., 392 S.W.3d 763 (Tex. App.—Dallas 2012).
· cites it 2× “Tex. Fam.Code Ann. § 160.204(a). Discussion On appeal, Father contends that he and Mother had C “together while [they] were common law married.”
Tex. Fam. Code § 160.204(1): 1 case
Tex. Fam. Code § 160.204(5): 1 case
In re Narvaiz, 193 S.W.3d 695 (Tex. App.—Beaumont 2006).
“See Tex. Fam.Code Ann. § 160.102(11), and (13) (Vernon 2002); Tex.”
Tex. Fam. Code § 160.204(a): 9 cases
In re Rodriguez, 248 S.W.3d 444 (Tex. App.—Dallas 2008).
“Tex. Fam.Code Ann. § 160.204(a) (Vernon Supp.”
In the Interest of C.J., 392 S.W.3d 763 (Tex. App.—Dallas 2012).
“Tex. Fam.Code Ann. § 160.204(a). Discussion On appeal, Father contends that he and Mother had C “together while [they] were common law married.”
Tex. Fam. Code § 160.204(a)(1): 15 cases
Gonzalez v. Gonzalez, 331 S.W.3d 864 (Tex. App.—Dallas 2011).
“See Tex. Fam.Code Ann. § 160.204(a)(1) (West 2008) (“A man is presumed to be the father of a child if he is married to the mother of the child and the child is born during the marriage.”
In re Rodriguez, 248 S.W.3d 444 (Tex. App.—Dallas 2008).
“Tex. Fam.Code Ann. § 160.204(a) (Vernon Supp.”
Dickerson v. Doyle, 170 S.W.3d 713 (Tex. App.—El Paso 2005).
“Tex. Fam.Code Ann. § 160.204(a)(1) (a man is presumed to be the father of a child if he is married to the mother and the child is born during the marriage).”
Tex. Fam. Code § 160.204(a)(2): 4 cases
In the Interest of J.H., 264 S.W.3d 919 (Tex. App.—Dallas 2008).
“Tex. Fam.Code Ann. § 160.204(a)(2) (Vernon Supp.”
In re Jh, 264 S.W.3d 919 (Tex. App.—Dallas 2008).
Tex. Fam. Code § 160.204(a)(4)(A): 1 case
Tex. Fam. Code § 160.204(a)(5): 5 cases
Tex. Fam. Code § 160.204(b): 8 cases
In re Rodriguez, 248 S.W.3d 444 (Tex. App.—Dallas 2008).
“Tex. Fam.Code Ann. § 160.204(a) (Vernon Supp.”
In re SCL, 175 S.W.3d 555 (Tex. App.—Dallas 2005).
Tex. Fam. Code § 160.204(b)(1)(2): 1 case
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