Texas House Bill HB946

Texas 2009 - 81st Regular

Caption

Relating to a proceeding to vacate an order of paternity or child support.

Impact

Should HB 946 be enacted, it could significantly alter the legal landscape surrounding family law, particularly regarding paternity cases. The bill stipulates that if the court finds sufficient evidence of fraud or mistake, it can order genetic testing to establish biological parentage. This change is intended to prevent individuals from being responsible for child support when they are not the biological parents and to correct wrongful parentage determinations that result from deceit.

Summary

House Bill 946 aims to amend the Texas Family Code by introducing provisions for individuals identified as a child's father to vacate paternity and child support orders under certain circumstances. This bill allows a person to file a petition to vacate an order recognizing them as a father or requiring them to pay child support before the child's 18th birthday. The petition must be supported by an affidavit demonstrating that the original court order was founded on fraud or a material mistake of fact. This initiative addresses potential injustices when an individual learns they are not the biological father after having been led to believe otherwise.

Conclusion

Overall, HB 946 represents a shift towards ensuring accuracy in legal paternal recognition and seeks to abolish obligations rooted in deceitful circumstances. It emphasizes the importance of truthful disclosures in family law, aiming to uphold the integrity of paternity claims while balancing the rights of biological parents against the established relationships of those who believed they were the fathers.

Contention

There are notable considerations and potential contentions regarding the effect of this bill on current family law practices. Critics may argue that while the bill aims to rectify injustices, it could also create challenges for child support enforcement and affect the stability of the familial relationships. For example, vacating a child support order may lead to financial implications for custodial parents who depend on that support. Consequently, while the bill seeks to protect individuals from fraudulent paternity claims, its impact on children and existing family structures will require careful evaluation.