Sec. 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER. (a) Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than the fourth anniversary of the date of the birth of the child.
(b) A proceeding seeking to adjudicate the parentage of a child having a presumed father may be maintained at any time if the court determines that:
(1) the presumed father and the mother of the child did not live together or engage in sexual intercourse with each other during the probable time of conception; or
(2) the presumed father was precluded from commencing a proceeding to adjudicate the parentage of the child before the expiration of the time prescribed by Subsection (a) because of the mistaken belief that he was the child's biological father based on misrepresentations that led him to that conclusion.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 1248, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 8, eff. September 1, 2011.
Notes of Decisions
Cited in
59
cases (
3 in the last 5 years), 2003–2023 · leading case:
In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008).
In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008).
· cites it 8× “See Tex. Fam.Code Ann. § 160.607 (Vernon Supp.”
Lorena Quiroz v. Rummie Lee Gray, II, 441 S.W.3d 588 (Tex. App. 2014).
· cites it 6× “) The Court finds that the purpose behind Tex.Fam.Code Ann. § 160.607, entitled Time Limitation: Child Having Presumed Father is to ensure that after the fourth anniversary of the child’s birth, the child and his family unit are afforded stability.”
in Re S.T., 467 S.W.3d 720 (Tex. App. 2015).
· cites it 4× “1 See Tex. Fam. Code Ann. § 160.607 (West 2014).”
In the Interest of J.H., 264 S.W.3d 919 (Tex. App. 2008).
· cites it 6× “See Tex. Fam.Code Ann. § 160.607(a) (Vernon Supp.”
Miles v. Peacock, 229 S.W.3d 384 (Tex. App. 2007).
“See Tex. Fam.Code Ann. § 160.607(a) (Vernon Supp.”
In the Interest of Shockley, 123 S.W.3d 642 (Tex. App. 2003).
“Tex.Fam.Code Ann. § 160.607. Neither the uniform act nor the Texas statute imposes limitations for determining the parentage of a child having no presumed father.”
In the Interest of S.C.L., 175 S.W.3d 555 (Tex. App. 2005).
· cites it 3× “was bom, the predecessor statute limited the time for filing such a petition to two years.”
Dickerson v. Doyle, 170 S.W.3d 713 (Tex. App. 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).”
Beard v. Comm'n for Lawyer Discipline, 279 S.W.3d 895 (Tex. App. 2009).
“is brought to the attention of the Office of Chief Disciplinary Counsel,” makes it an absolute bar to discipline for conduct outside the limitations period.”
— Tex. Fam. Code § 160.607(a) — 24 cases
In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008).
“See Tex. Fam.Code Ann. § 160.607 (Vernon Supp.”
Miles v. Peacock, 229 S.W.3d 384 (Tex. App. 2007).
“See Tex. Fam.Code Ann. § 160.607(a) (Vernon Supp.”
Beard v. Comm'n for Lawyer Discipline, 279 S.W.3d 895 (Tex. App. 2009).
“is brought to the attention of the Office of Chief Disciplinary Counsel,” makes it an absolute bar to discipline for conduct outside the limitations period.”
Lorena Quiroz v. Rummie Lee Gray, II, 441 S.W.3d 588 (Tex. App. 2014).
“) The Court finds that the purpose behind Tex.Fam.Code Ann. § 160.607, entitled Time Limitation: Child Having Presumed Father is to ensure that after the fourth anniversary of the child’s birth, the child and his family unit are afforded stability.”
— Tex. Fam. Code § 160.607(b) — 13 cases
In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008).
“See Tex. Fam.Code Ann. § 160.607 (Vernon Supp.”
Lorena Quiroz v. Rummie Lee Gray, II, 441 S.W.3d 588 (Tex. App. 2014).
“) The Court finds that the purpose behind Tex.Fam.Code Ann. § 160.607, entitled Time Limitation: Child Having Presumed Father is to ensure that after the fourth anniversary of the child’s birth, the child and his family unit are afforded stability.”
In the Interest of S.C.L., 175 S.W.3d 555 (Tex. App. 2005).
“was bom, the predecessor statute limited the time for filing such a petition to two years.”
— Tex. Fam. Code § 160.607(b)(1) — 2 cases
— Tex. Fam. Code § 160.607(b)(2) — 3 cases
in Re S.T., 467 S.W.3d 720 (Tex. App. 2015).
“1 See Tex. Fam. Code Ann. § 160.607 (West 2014).”
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