law-paternity-testing-effect | parentage and paternity issues |
Determination of Paternity
In his first issue, Brown argues that the trial court erred in permitting DFPS to remove the children from his home
when J.W.C. tested positive for cocaine. Brown further argues that the trial court lacked subject-matter
jurisdiction because DFPS lacked standing to challenge his paternity.
At the time J.W.C. tested positive for cocaine, DFPS took temporary conservatorship of the children. The order
issued by the court was interlocutory and has now been superseded by the court's final judgment. An order
addressing temporary conservatorship of children is interlocutory, and this court lacks subject-matter jurisdiction
over an appeal from such an order. In the Interest of N.J.G., 980 S.W.2d 764, 767 (Tex. App.- San Antonio
1998, no pet.). Thus, to the extent Brown attempts to challenge the trial court's interlocutory order, we have no
jurisdiction and overrule his issue.
Further, Brown challenges the trial court's order of genetic testing. A proceeding to adjudicate parentage is
governed by the Uniform Parentage Act. See Tex. Fam. Code Ann. §§ 160.001-160.707 (Vernon 2008).
Section 160.601 specifically authorizes the DFPS to bring suit to adjudicate the parentage of a child. Tex.
Fam. Code Ann. § 160.601. Once genetic testing is conducted and the results released for use in a proceeding
to determine parentage, any resulting harm cannot be undone. In re Attorney Gen. of Tex., 272 S.W.3d 773,
777 (Tex. App.- Dallas 2008, orig. proc.) (holding there is no adequate remedy at law for the harm respecting
erroneously ordered genetic testing, and mandamus relief is appropriate). Therefore, once Brown submitted to
genetic testing, his complaint that the order for testing was erroneous became moot. Brown's first issue is
overruled.
In Interest of XCB (Tex.App.- Houston [14th Dist.] July 30, 2009)(Subst. op. by Anderson)
(termination of parental rights, intervenor, effect of paternity testing, Holley v. Adams best interest factors),
appointment of DFPS as sole managing conservator)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Guzman and Boyce
14-08-00851-CV In the Interest of X.C.B., AKA X.C, I.C.B., AKA I.C., S. B.C., and J.W.C AKA J. W. W.
Appeal from 315th District Court of Harris County
Trial Court Judge: MICHAEL H. SCHNEIDER