During a divorce procedure, when is the best time to challenge the acknowledgement of paternity?

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During a divorce procedure, when is the best time to challenge the acknowledgement of paternity?

I filed for divorce and I want to revoke the AOP because I think that I might not be the biological father of the minor child. My date in court is in2 months.Do I have to wait until then to bring in the motion to seek for the DNA test, or should I bring it in before then?

Asked on March 14, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Was the baby born before you were married and it was then that you signed the AOP?  Or did you do so in connection with the divorce so that there was not an issue as to paternity and custody and support?  Generally speaking, you can make an application to the court at any time for a paternity test.  The entire picture needs to be looked at to decide strategy, etc., but are you represented by counsel in the proceeding?  I would ask him or her.  But I would think that knowing sooner rather than later can only help decide the issues to resolve a lot faster in the divorce in general.  This way then when you g back in two months you can have a clearer picture of what needs to be accomplished.  Good luck to you.


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