Attorney General of Texas v. Lavan

OPINION

CORNYN, Justice.

This paternity suit, brought by the State of Texas “and/or Crystal Flemings,” seeks to establish that a child, D.E.F., is the offspring of Willie Lavan Jr. (Lavan), Respondent, and to disprove the paternity of Willie Flemings (Flemings), the child’s presumed father. 1 Lavan moved for summary judgment on the basis that no suit could be maintained against him under chapter 13 of the Family Code 2 because D.E.F. has a presumed father. Further, Lavan claimed that this presumption can never be rebutted because neither Flemings nor Crystal denied Flemings’ paternity of D.E.F.…