Custody cases can be very overwhelming. The additional steps, such as establishing Paternity, can further complicate the process. Even though you are the biological parent of a child, you will have no rights and legal duties without a determination of Paternity. To gain custody and help raise a child, you will have to prove a legal relationship with the child.
Atty. Tyler Monahan of Turner-Monahan, PLLC, explains in the video the ways in which a father can establish Paternity. If you are currently going through a custody battle, you can contact the firm to speak to an attorney. All of the solutions are provided in the light of Texas Family Law.
Why Establish Paternity?
Under Texas law, parents are “joint managing conservators” after the divorce. In this way, the responsibility for the child’s upbringing falls on both parents, and they share decision-making and other crucial matters. However, there are cases in which one of the parents may be named a “sole managing conservator.”
According to the Texas Family Code, Chapter 153, Subchapter C: It is in the child’s best interest that both parents are named managing conservators unless further evidence is presented.
However, to get joint custody, the father must have proof of a legal relationship with the child. In contrast, there can be cases where the father might want to gain sole custody of the child. In both cases, the parent will need additional legal documentation to prove Paternity.
How Can Fathers Establish Paternity In Texas?
In regards to Paternity, it’s a male or the father who wants to have Paternity established between himself and the child. The common understanding is that the birth certificate provides you with the adjudication of parentage.
For unmarried parents, fathers can establish Paternity by showing the proof that they have signed the birth certificate. It is the easiest way to prove that there is a parent-child relationship.
In addition, the father and mother of the child can sign the acknowledgment of Paternity whenever your child is born, which deems you to be the father.
According to the Texas Family Code, Sec. 160.301. Acknowledgment Of Paternity: “The mother of a child and a man claiming to be the biological father of the child may sign an acknowledgment of paternity with the intent to establish the man’s paternity.”
The other way you are adjudicated as the father is by filing in either a suit to determine parentage or a suit affecting the parent-child relationship. It will state that you’re the father of the child. The suit also gives you a right to request paternity testing to determine whether you’re the child’s father.
The reason why that’s done is because it’s clear that the mother was present when the child was born. Furthermore, the father or what would be called the alleged father may have been present. However, being present doesn’t prove that the person is the child’s father. This is why you have to request paternity testing.
DNA testing can be done by a court order to determine who the child’s father is. This option is often necessary when you or the mother dispute the child’s parentage or there are several men who could reasonably be regarded as the father.
It is crucial to educate yourself before filing for a suit. Understanding the legalities will make a better case and decision for yourself and the child. Go through the Texas Family Code, Chapters 160.302 to 160.306. All of the statutes elaborate on the subject of Paternity.
Upon determination that you are the genetic and legal father of a child, you can choose to have custody, visitation, possession, and support arranged for you within the paternity case.
Hire A Fort Worth Attorney For Child Custody Cases
Child custody and Paternity are complex issues, and they require emotional strength and a great deal of legal knowledge to get what’s in your and your child’s best interest.
You can contact an attorney like Turner-Monahan, PLLC. The attorneys at our firm have handled family law cases for more than four decades. You can discuss your rights with them and how to move forward with requesting adjudication regarding Paternity. Schedule a free consultation with Tyler Monahan today!
Moreover, if you are wondering about your chances of getting a 50-50 custody of your child or are confused between mediation, trial and arbitration, then go through our blog.
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.
