Terminology: Paternity suits | Petition to Adjudicate Parentage | order establishing parent-child
relationship for all purposes | SAPCR | Suit Affecting the Parent-Child Relationship | Motion to Modify |
genetic testing | determination of paternity | nonpaternity | biological father | birth mother | disestablishing
paternity | acknowledgment of paternity | rescission of acknowledgment | affidavit of relinquishment |
termination of father's parental rights | adoption | step-parent adoption | married | unmarried | marital |
nonmarial | denial of paternity | presumption of paternity | marital presumption | non-paternity |

Recent Cases from Houston Courts of Appeals

AG appeals nonpaternity adjudication
In Interest of SRB (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore) (parentage, nonpaternity)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Seymore  
Before Justices Fowler, Frost and Seymore
14-06-00864-CV In the Interest of S.R.B
Appeal from 246th District Court of Harris County
Trial Court
Judge: Jim York

AG loses appeal from summary judgment favoring alleged father
In the Interest of KRS (Tex.App.- Houston [14th Dist.] June 24, 2008)(Yates)
(
paternity, nonpaternity, failure to present error in opening brief proves fatal to appeal, rule enforced)
AFFIRMED: Opinion by Justice Brock Yates  
Before Justices Brock Yates, Guzman and Brown
14-07-00080-CV In the Interest of K.R.S., a child
Appeal from 306th District Court of Galveston County
Trial Court Judge: Janis Louise Yarbrough  

Stamper v. Knox (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Keyes)
(
family law, presumption of paternity, nonpaternity, DNA testing, equitable estoppel)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes
01-06-00875-CV Michelle Stamper f/k/a Michelle Knox v. Stanley Keith Knox
Appeal from 306th District Court of Galveston County
Trial Court Judge: Hon. Janis L. Yarbrough
OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by
Justice Jennings in
Stamper v. Knox
Trial Court Judge: Hon. Janis L. Yarbrough  

Bill of Review Suit Fails

Thomas v. Thomas (Tex.App.- Houston [14th Dist.] Aug. 23, 2007)(Seymore)(bill of review denied, divorce,
nonmarital child)
AFFIRMED: Opinion by Justice Seymore
Before Justices Frost, Seymore and Guzman
14-06-00069-CV William Robert Thomas v. Patricia Russell Thomas
Appeal from 245th District Court of Harris County (
Judge G. Annette Galik)

Bio Dad of Child Born from Adultery Succeeds in Appeal of Retroactive Child Support Order and
Denial of All Visitation

Miles v. Peacock and OAG (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Bland)(paternity, restricted
appeal)

This case illustrates the perils of not answering and not appearing for trial. Mother and attorney general
won a default judgment for $24,000 in retroactive child support, current support of $1,000 per month, life
insurance coverage for the benefit of the child, health insurance, and an order denying the biological
father all visitation. The child had been born of an adulterous affair and thus had a presumed father. Wife-
Mother waited until child was a teen before going after the biological father. The Court of Appeals found
Bio Dad had waived the statute of limitations defense that applies under such circumstances by failing to
plead it (he failed to file an answer), and held that admission of paternity test results was proper because
the mother's husband had asked for them. Affirming the judgment of paternity, the Court, in an opinion by
Justice Jane Bland, reversed the award of child support and the denial of all access because no evidence
was presented on the father's income and other relevant factor. Likewise, no evidence was presented that
a deviation from the standard possession order was warranted and in the child's best interest. The court's
opinion points out that the relevant facts must be proven in family law case to support default judgment,
which differs from the confession of judgment rule in other civil cases.

Terms: family law, parentage, adjudication of paternity, restricted appeal,
default judgment, retroactive
child support, paternity, presumed father, statute of limitations defense]

AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Bland
(Before Chief Justice Radack, Justices Jennings and Bland)
01-06-00313-CV In The Matter of the Marriage of Bridget Peacock and Carnell Peacock
Appeal from 247th District Court of Harris County (Judge Bonnie Hellums)
We conclude that Miles has waived any statute of limitations defense and therefore affirm that portion of the trial court’s
judgment adjudicating his paternity of N.S.P.  With respect to the portions of the judgment awarding child support and
denying possession, we conclude that insufficient evidence supports the trial court’s findings and therefore reverse and
remand for further proceedings.
Family Court Case Law: Paternity and Nonpaternity
from the
Houston Courts of Appeals

Houston Family Courts and
Family Court Judges

245th District Court     Judge Annette Kuntz (Galik)
246th District Court     Judge Jim York
247th District Court     Judge Bonnie Crane Hellums
257th District Court     Judge Judy Warne
308th District Court     Judge Georgia Dempster
309th District Court     Judge Frank B. Rynd
310th District Court     Judge Lisa Millard
311th District Court     Judge Doug Warne
312th District Court     Judge David Farr
312th District Court     Judge James Squier (resigned)

Courts' Physical address:
1115 Congress Ave. - Houston, TX 77002

Other Houston Courts and Judges
Harris County Family Law Center
FAMILY LAW CASE LAW LINKS

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Also see Blog: Houston Courts & Cases