Paternity: Establishing Parental Rights and Responsibilities
Before parenting time, visitation or child support orders can be put into place, paternity (also known as parentage) must be established according to Texas law. At O'Neil & Attorneys in Dallas, we represent mothers and fathers in paternity cases, helping them establish and protect their rights with an eye on achieving an outcome that is in the best interests of their children.
To discuss your paternity claim with an experienced family law attorney, call 972-499-4558 or toll free 866-959-4330.
Presuming Paternity
Under the Texas Family Code, a man can become a father if his paternity is presumed. Paternity is presumed in the following scenarios:
- The child was born during the marriage to the child's mother or within 300 days of ending the marriage.
- The man married the child's mother within 300 days of its birth.
- The man married the child's mother after the birth of the child, he voluntarily asserted his paternity of the child and (1) the assertion is in a record filed with the Texas Bureau of Vital Statistics; (2) he was voluntarily named as the child's father on the birth certificate; or (3) he promised in a record to support the child as his own.
Additionally, a man becomes a father when he signs an acknowledgement of paternity that meets the requirements of the Texas Family Code. If a man signs such an acknowledgement, paternity is established and the child is legitimized.
Rebutting Paternity
The presumption of paternity can be rebutted by filing a suit to adjudicate parentage or by having the presumed father file a denial of paternity along with a valid acknowledgement of paternity by another person.
If a suit to adjudicate parentage is filed, the court will typically order some sort of genetic testing, leading to the presumption of fatherhood. This presumption can only be rebutted only by a second genetic test that excludes the man as the child's father or identifies another man as the child's father.
There Is a Narrow Window of Time for Claiming Father's Rights
A notice of intent to claim paternity must be filed within 31 days after a child is born. Otherwise, the only method available to voluntarily establish paternity is filing a suit in court. If a man fails to register with the paternity registry, he runs the risk of having his parental rights terminated with no notice.
To learn more about your rights, contact us today to speak to a skilled paternity lawyer.
