We have a child custody case dismissed with prejudice but the judge ordered a paternity test on the presumed father. That test has since cam...

Question

We have a child custody case dismissed with prejudice but the judge ordered a paternity test on the presumed father. That test has since came back that the mane is indeed not the babies father. We are being told nothing can be doen since the case was dismissed with prejudice. How can that be when the judge still ordered a paternity test.

Answer

It depends on a lot of different facts. There are some situations in the Texas Family Code whereby a person who has acted as a child's father for several years is going to be held as the child's father irrespective of DNA.