Houston
Paternity Lawyer

What does paternity mean Legally?

The actual definition of paternity is simply fatherhood. However, in law, “establishing paternity” means determining who the legal father is and what rights and obligations he will have in his child’s (children’s) life.

While every child has a biological father, not every child has a legal father. If a man is married to the child’s mother when the child is born, then he is the presumed father and his name will automatically be added to the birth certificate, making him the legal father.

However, if the parents are not married when a child is born, then the child will not have a legal father until paternity is established. Once it is established, the father’s name will be added to the child’s certificate, and he will gain the rights and responsibilities associated with his position as the legal father.

How Do You Establish Paternity in Texas?

If you want to be the established, legal father, and your ex-spouse is unwilling to accept that, then a family lawyer can help.

There are two ways that paternity can be established in Texas: either voluntarily or involuntarily.

Establishing Paternity When Both Parents Agree

If the mother and father both agree on who the biological father is, then paternity can be established voluntarily. The mother and the father can do this by each signing an “Acknowledgment of Paternity”.

This is usually completed at the hospital after the child is born, but it can also be signed and mailed to the Vital Statistics Unit in Austin. However, if the birth certificate has already been mailed, then there will be a fee to change the father’s name.

The Acknowledgment of Paternity documentation can be obtained at the hospital, the Attorney General’s Child Support Office, the local birth registrar, or the Vital Statistics Unit.

Establishing Paternity When Parents Disagree

Involuntary paternity is obtained through a court order. It is considered involuntary because one party disputes paternity, whether that be the mother, father, child, or the state.

You can begin this process by filing a “Petition to Adjudicate Parentage” in the court that has jurisdiction in the county where the child lives.

If the mother files the petition, then the father will need to appear in court. If he fails to do so, then the judge can enact a “default order,” declaring him the legal father. If the father attends court and both parties agree that he is the biological father, then the court will enter an order adjudicating parentage.

If one party denies or is unsure of paternity, then the court may order DNA testing, which requires the father, mother, and child to have a cheek swab. The court can then determine if he is the child’s biological father. If so, his name will be added to the birth certificate.

During a court proceeding to establish paternity, you have the right to be represented by a fathers’ rights lawyer at any stage of the process.

Can Non-Biological Fathers Secure Paternity?

Some of the most complex issues arise when non-biological fathers seek fathers’ rights. A non-biological father can still gain parental rights if he formally adopts the child.

If you are the non-biological father of a child and think you deserve parental rights, then you should speak to a fathers’ rights lawyer in Houston.

Why Does Paternity Matter?

Paternity is about more than having your name on a piece of paper. When paternity is established, it benefits everyone.

1. It allows a mother to seek child support. A mother can only seek child support from a man if the law recognizes him as legally responsible for the child. Without having a paternity test to confirm that responsibility, a mother may not ask the courts for financial contributions from the presumed father.
2. It gives the father the right to request child custody. A man who has no legal status as a child’s parent has no right to custody of that child. Establishing paternity allows the father to seek custody and visitation orders.
3. It ensures the law recognizes an unmarried man as the father. A child born to an unmarried mother does not have a father in the eyes of Texas laws. To ensure the law recognizes a man who is not married to the mother as a child’s father, he must confirm paternity voluntarily or through court orders.
4. It prevents mistaken paternity. It can be devastating for a man to learn that he has formed a relationship with and taken responsibility for a child who is not biologically his. To prevent this, parents and presumed parents who are unsure of who a child’s father is should establish paternity.
5. It provides the biological information a child may want to understand his or her lineage in the future. Understanding where you come from is incredibly important for many people. Establishing paternity can connect a child to his or her father’s family, culture, and history.
6. It can answer critical genetic and medical information that can improve a child’s health care. Our family history and genetic data are more crucial than ever, as they can provide vital information that improves medical testing, treatments, and prevention.

Establishing paternity can be crucial, whether your reasons are legal, financial, familial, or medical. And you do not need to navigate the legal process alone: You can work with our firm of family attorneys to understand your rights and pursue the answers you deserve.

What If My Child’s Father Is an Unfit Parent?

If you believe that the other parent is unfit to raise your child and that you should have sole child custody, you should contact a family lawyer in Houston as soon as possible.