In the Interest of B.I.V.

Dolores Valadez brought this suit against Raul Longoria to establish his paternity of her child, B.I.V. Longoria moved for summary judgment on the ground that the child had a presumed father, thus barring a paternity action as a matter of law. At the time Valadez brought her suit, Section 13.01(a) of the Family Code specifically limited the filing of a paternity suit to those situations in which the child involved had no “presumed father.” Section 12.01(a)(1) of the Family Code provided, then as now, that a man married to the mother of a child at the time of the child’s birth is presumed to…