Paternity Must Be Established To Enforce Rights And Obligations

Paternity on a biological level seems quite simple. The man who impregnates the mother is the father of the child that is later born. On a legal level, it is much more complicated. Both parents have rights and obligations, but paternity must be established before either parent can enforce a father's rights and obligations in court.

With more than 45 years of combined experience, MARVEL & WONG, PLLC attorneys know how these cases work. Attorney Karen Marvel is board-certified in family law and has handled countless paternity cases, including termination of rights based on mistaken paternity. We can advocate for your rights, whether you are going through a divorce, had a child outside of marriage or are in a same-sex relationship.

Contact our law office in San Antonio at 210-201-1630 for a free initial consultation. We represent families throughout Central Texas.

How Does One Establish Paternity In Texas?

In Texas, there are three ways in which a parent may establish paternity. There are many nuances to the law, which is why you should always consult with a highly knowledgeable attorney.

  • Presumption of paternity: A man is presumed to be the father of a child if he was married to the mother prior to, at birth or immediately after if he had voluntarily claimed paternity. Living with the child and claiming responsibility for at least two years after the child is born can also be used as evidence of presumption.
  • Acknowledgment of paternity: Parents can sign a voluntary agreement that acknowledges paternity. Both parents must sign this document. A man can also rebut or challenge a presumption of paternity by signing the portion of the acknowledgment regarding denial of paternity.
  • Court order: A person may petition the court for an order to establish or challenge paternity. This includes the mother, presumed father, a man who claims paternity or an intended parent in a surrogacy or gestational agreement, among other limited situations.

Contact Us To Learn More About Establishing Paternity And Your Case

Our attorneys have helped parents in a wide variety of cases. Regardless of your situation, we welcome you to contact us and talk to a lawyer in a free initial consultation. Call our law office at 210-201-1630 or send us an email.