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In re C.E.

Court of Appeals of Texas

391 S.W.3d 200 (2012)

Relevant factsFree

After discovering photos suggesting his girlfriend Stephanie Garcia had a relationship with another man, Christopher Ehrhardt (plaintiff) nonetheless signed the birth certificate of the resulting child, C.E., without requesting paternity testing, believing the child resembled him. He later signed a child-support order acknowledging paternity. Ten years later, as the state sought increased support, Ehrhardt sued under Texas Family Code § 161.005(c) to disestablish paternity through genetic testing, but the trial court found he failed to show he relied on any misrepresentation when he originally acknowledged paternity.

IssueFree

Whether a man who, without genetic testing, relied on misrepresentations that he was a child's biological father when he acknowledged paternity and agreed to pay child support may obtain genetic testing to disestablish paternity.

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