What Right Does a Father Have If He Is Not on the Birth Certificate?

Understanding parental rights is a significant challenge, especially for fathers not listed on the birth certificate. It’s crucial to grasp the legal details and the court’s role in determining and assigning rights to ensure the welfare and rights of both the parent and the child.

In the video, Atty. Tyler Monahan of Turner-Monahan PLLC delves into the critical issues surrounding fathers not listed on the birth certificate. All case evaluations are in the light of Texas Family Law. This content is for educational purposes only. 

Not Named on the Birth Certificate: The Alleged Father

If a father is not named on the birth certificate, he is seen as any other man, known as the alleged father. The only exception is if he is married to the mother when the child is born, making him the presumed father. No clear rights are given or taken away until a divorce or a lawsuit about the parent-child relationship is filed. 

At that time, the court will decide the rights. This decision does not automatically allow one parent to keep the child from the other. The rights given depend on each unique situation. If your child is being kept from you, it’s essential to hire an attorney. At Turner Monahan, we can help by filing a lawsuit for you, ensuring your rights are recognized, and you are able to see your child. 

Delving into the Texas Family Code on Fathers Not Listed on Birth Certificates

The Texas Family Code offers essential guidelines for fathers not listed on a child’s birth certificate. Below are the specific statutes addressing this matter, ensuring their rights and the establishment of a meaningful relationship with their child.

Presumed Father Status

According to the Texas Family Code, Section 160.204, a man is presumed to be the father of a child if he is married to the mother and the child is born during the marriage. This presumption grants him the status of a presumed father, an exception to the general rule for fathers not listed on the birth certificate.

Legal Actions and Rights Assignment

The content highlights the pivotal role of legal actions, such as filing for divorce or a lawsuit regarding the parent-child relationship. The Texas Family Code does not assign clear rights to alleged fathers until such legal actions are taken. The court, at that time, will decide the rights based on the specifics of the case, ensuring the child’s best interests are always prioritized.

Rights and Unique Situations

The rights assigned by the court depend on each unique situation, as emphasized in the content. The Texas Family Code, Section 153.002, asserts that the best interest of the child is always the primary consideration of the court in determining the issues of conservatorship and possession.

Looking to file for divorce in Texas while your spouse lives out-of-state? Curious about the Texas Family Code requirements? Here’s the information you need!

Hire An Experienced Fort Worth, Texas, Divorce Attorney 

An experienced attorney can file the necessary lawsuits, advocate for the father’s rights, and work diligently to ensure that the father can establish and maintain a meaningful relationship with his child. 

The legal team at Turner Monahan is committed to ensuring that your rights are recognized and that you are able to see your child, highlighting the crucial role of legal assistance in these matters. 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 Can Be Used Against You In A Custody Battle?”   

FAQs Regarding Divorce 

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. 

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 for 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.

Speak to an Attorney today at the Law Office of Turner-Monahan to see how we can assist you in your divorce!

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