Family Law
Divorce
Child Support
Child Support Collections
Child Custody
Paternity/Establishment

When You Are Mistakenly Named The Father Of A Child

Being a legal parent involves more than rights granting you custody or visitation with the child. You are also obligated to financially support and care for the child. Until 2011, men who believed they were the father of a child based either on mistake or fraud had little legal recourse for relief from these obligations in Texas.

Located in San Antonio, MARVEL & WONG, PLLC is a law firm that can navigate the confusion that is invariably created as the legal community adjusts and learns how to implement new laws. Attorney Karen Marvel is Board Certified in Family Law by the Texas Board of Legal Specialization . She has taken the time necessary to master the complicated mistaken paternity laws and the process for terminating parental rights.

What Evidence Do You Need To Establish A Case For Mistaken Paternity?

We cannot repeat enough the warning that these cases are highly technical and very complicated. Even when you have sufficiently proven you are not the father of a child, the court may still enforce visitation based on the best interests of the child. A father will also remain liable to pay any court-ordered child support obligations up to the termination of his parental rights.

There are general requirements for terminating parental rights based on mistaken paternity:

  • A DNA paternity test must confirm you are not the biological father of the child.
  • Legal paternity must have been established without a paternity test either through an acknowledgment of paternity form or court order. In both cases, you must have mistakenly believed yourself to be the father.
  • You relied on misrepresentations to come to the conclusion that you were the father
  • You did not sign an intended parental agreement involving in vitro fertilization, adoption, surrogacy or other assisted reproductive methods.
  • You file prior to the expiration of the statute of limitations or deadline for your case. In most cases, this is one year after you discover the information that leads you to believe you may not be the father.

Mistaken Paternity Cases Are About Proof | Consult A Legal Specialist

Terminating your parental rights based on mistaken paternity requires much more than a simple DNA test. Our board-certified lawyer knows how to build a strong case for termination. Discuss your situation in a free initial consultation. Schedule yours by calling 210-201-1630 or sending an email.

What Our Clients Say


Ms. Marvel has assisted me regarding child support issues for the last 3 years. She is very knowledgeable in child support issues in Texas and also across state lines such as California. She came highly recommended to me by a fellow attorney, the highest compliment she can receive in my opinion. She is professional, responsive and gets the job done. Her staff is very helpful, returns calls and Karen and her staff are responsive to issues that arise. I highly recommend Karen Marvel to anyone seeking a family law attorney in Texas.
Karen Marvel is an excellent family lawyer, who presented at a legal conference I attended. I learned valuable information and tools from her that I now use to help my own clients. After the conference, I've called on her a few times when I needed her expertise in child support matters, and she was always willing to help. She is extremely well-respected in our legal community, and I highly recommend her services.
I recently hired Megan to represent me in my divorce. She was very easy to work with, responsive, and efficient. I was extremely impressed with her timeliness and was overall very pleased with her work. I would recommend her if looking for a divorce attorney...
I was very pleased with Megan's performance in court. She has been a blessing in our lives and single handedly changed our lives for the better . It was a very difficult case on my end and was brilliant with negotiations with OAG. I will always be grateful to Megan and wish the best of luck in future cases...
When I needed a lawyer I asked my coworkers for their recommendations. Three of my coworkers recommended Brandon Wong and they were very satisfied with his services. I contacted Brandon and he handled my divorce in a timely and efficient manner...
I have felt so important to Brandon since the day we first met. I had a million questions and worries, Brandon made me feel informed of all possibilities and confident in him.
Meeting you and having your professional and emotional help during the process of my divorce has definitely been invaluable. In the professional aspect, you are not only a brilliant attorney but you are reasonable, just, and fair. During the process of my divorce I found myself completely...
Brandon represented me in a child custody matter. He is professional, educated, informative and provided his services in an economical manner. He worked to obtain a settlement outside of the courtroom. When the case required a visit to court, his experience guided me through smoothly and ultimately delivered the decision in my favor...
Please don't hesitate to hire Brandon Wong. He genuinely cares about his clients. He protects his clients, he returns calls and e-mails, which is critical when you are in a situation where you need an attorney...
I would recommend Mr. Wong for his professional services. He was very attentive to my case, returning phone calls and emails before the end of every business day...
Brandon handled my divorce in a first class manner. He was always available to talk when I had questions or needed advice. He was a relentless lawyer and ensured that the settlement was fair and just...
I highly recommend Mr. Wong if you are looking for an honest and hardworking attorney who is more interested in properly representing his clients than making a quick dollar...
We received excellent legal help from Brandon Wong. Our family had a custody issue that had us spinning our wheels for a year due to the complexity. Brandon handled our case quickly and with heart. We felt genuinely cared for during the entire process and will continue to recommend him to anyone who needs legal help...
Brandon handled my divorce and made it easier than I could have imagined. He took care of everything, totally minimized the stress on me, and was extremely professional while remaining very approachable and compassionate...
Hired Mr. Wong to represent me on a child-support arrears enforcement case. Dad was ordered to pay child-support in 1991, and up until my daughter turned 18 years of age...

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Accolades & Achievements

Brandon, Karen, Megan Are Proud To Have Achieved The Following Legal Accolades for Exemplary Legal Service.

*Karen Marvel was recognized in Texas Monthly in 2008-2019 as a Texas Super Lawyer by Texas Super Lawyers (a Thomson Reuters service)

**Karen Marvel is Board Certified in Family Law by the Texas Board of Legal Specialization