Divorce is an emotionally challenging and difficult process not just for mothers but also for fathers. Proving paternity in a Texas divorce can be especially stressful for fathers due to the strict requirements of the state’s legal system. Fathers must demonstrate that they are indeed the biological parent of their child in order to gain parental rights and have a role in the child’s life after the divorce.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, elaborates on the issue of proving paternity. All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
Paternity Suits: How Do Fathers File?
There are situations where the father of a child is not on the birth certificate or is on the birth certificate, but he’s not getting possession and access. They may feel like he has rights to the child, and they can file their own suit to determine parentage and state that he alleges that he is the child’s father.
In the event that the other side decides that he is not the father, fathers have the right to request that the court order genetic testing in order to determine who the father of the child is.
So anybody who alleges they’re the father of the child may file a suit to determine whether or not they are the father of a specific child to be able to get possession and access. And, possibly, up to pay child support and/or to be the primary parent and the conservator with the right to designate primary care.
Texas Family Code On Establishing Paternity
Under the Texas Family Code, a father may file a suit for paternity to prove his legal relationship to a child. To do this, he must establish that he is the child’s biological parent, as well as any other elements required by law (e.g., reasonable efforts to support and/or establish a relationship with the child).
The Texas Family Code, Chapter 160, Section 204, describes the statutes regarding the presumption of paternity and states the instances in which it is presumed that a man is the father of the child. Sections 301 and 301 of the same chapter explain the statutory requirements for acknowledging paternity and executing it.
According to the Texas Office of the Attorney General Child Support Division, there are three procedures that can be used to prove paternity:
- Marriage: If a man and woman are legally married and he is the child’s biological father, the husband is immediately assumed to be the child’s legal father. For married couples, establishing paternity doesn’t call for any further processes.
- AOP: If both the mother and father concur that the father is the child’s biological father and they are not married, they can both sign a legal document known as the Acknowledgment of Paternity (AOP).
- Court: Unmarried parents are able to obtain a court order designating the biological father. The OAG Child Support Division, a lawsuit in court, or the services of a private counsel are all options available to either parent.
Filing for a Paternity Suit to prove paternity in the state of Texas is a complex legal process that can be difficult to navigate without the help of an experienced attorney. At Turner Monahan, we have lawyers who are knowledgeable about family law and paternity suits, can guide claimants through the process, ensure all paperwork is completed correctly, and provide legal advice when needed.
Hire An Experienced Texas Family Attorney
The process for determining paternity usually varies based on the circumstances but generally involves genetic testing and/or a court-appointed hearing. It is important to understand that the legal process to establish paternity can have implications beyond those pertaining directly to custody and visitation rights. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Do Fathers’ Rights Look like in Texas?”
FAQs Regarding Divorce
Child custody & divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- During A Custody Hearing, Are The Laws Different For Mothers And Fathers?
- During A Custody Hearing, Are The Laws Different For Mothers And Fathers?
- What Is The Difference Between Sole And Shared Custody?
- If A Parent Passes Away, By Law, Does The Other Parent Get Custody Of The Child?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
