Legal Opinion · Dissent

In the Interest of J.W.T.

Texas Supreme Court

Decided March 30, 1994No. D-1742Published

1DissentEnoch, Justice

[Filed June 30, 1993]

The question in this case is not whether a man who alleges himself to be the biological father of a child born during the marriage of the mother to another man will be entitled to parental rights to the child. The question is whether this stranger to this marriage1 has *200a constitutionally protected interest that entitles him to challenge and petition in the first instance for paternity of a child born into that marriage, despite the fact that neither the mother, the presumed father, nor the child have disputed the presumed father’s paternity. In so holding, the Court…

2Cases cited10 opinions

  1. Stanley v. IllinoisSupreme Court of the United States · 1972
  2. Moore v. City of East ClevelandSupreme Court of the United States · 1977
  3. Caban v. MohammedSupreme Court of the United States · 1979
  4. Michael H. v. Gerald D.Supreme Court of the United States · 1989
  5. Gomez v. PerezSupreme Court of the United States · 1973

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