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San Antonio Paternity Attorney
How To Establish Paternity?
From a biological standpoint, paternity often seems to be a simple matter. The man who impregnates the mother is the father of the child that is later born. However, these matters can become much more complicated when they are considered at the legal level. Both parents have rights and obligations toward their children, but paternity must be legally established before either parent can enforce a father's rights and his obligations toward the child. When addressing this issue, parents or others who play an important role in a child's life will need to work with a family law attorney to ensure that matters will be handled correctly.
The lawyers of Brandon Wong & Associates know how to address paternity matters and other types of family law cases. We have handled countless paternity cases, and in addition to helping establish paternity, we can assist with the termination of rights based on mistaken paternity. We can advocate for your rights, whether you are a father looking to protect your relationship with your child, a mother who is seeking child support from your child's other parent, or a parent in a same-sex relationship. Our goal is to help you build lasting relationships with your children while ensuring that they will have the financial resources they need.
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. Methods of establishing paternity include:
- Presumption of paternity: A man is presumed to be the father of a child if he was married to the mother prior to or at the time of the child's birth, or immediately after the child was born if he had voluntarily claimed paternity. Living with the child and claiming to be the child's parent for at least two years after the child is born can also be used as evidence of presumed paternity.
- Acknowledgment of paternity: Parents can sign a voluntary agreement that acknowledges that a man is the child's biological parent. 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. In these cases, the child's actual biological father will also need to sign the acknowledgment of paternity.
- Court order: A person may petition the court for an order to establish or challenge paternity. Parties who may pursue a paternity action include the mother, the presumed father, a man who claims paternity, an intended parent in a surrogacy or gestational agreement, a child support agency, or another person who has custody of the child.
Texas law provides certain rights to those who are recognized as a child's legal parents. A child's father will have the right to pursue shared custody of a child, and even if he does not share legal conservatorship, he will usually be able to have a reasonable amount of visitation with the child on a regular, ongoing basis. As a parent, a father will have the duty to support the child financially, and by establishing child support arrangements that are fair and lawful, parents can ensure that the child's ongoing needs will be met and that they will also have sufficient resources to provide for their own needs. Establishing paternity can also provide a number of benefits for the child, including the right to an inheritance from their parent, the right to receive Social Security or other government benefits through a parent, and the ability to access information about their family medical history.
Paternity FAQs
Answer: If paternity is not established at birth, a couple can sign an Acknowledgment of Paternity. Paternity can also be established through genetic testing and a court order.
Answer: You should consider hiring a paternity attorney if you need help legally identifying your child’s father and collecting child support. Likewise, fathers seeking legal custody rights can benefit from the services of a paternity attorney if parentage has not been confirmed and the mother is unwilling to acknowledge it.
Answer: A paternity attorney can inform you of your options to establish or contest a child’s legal parentage in Texas. If a paternity case goes to court, a paternity attorney can also effectively represent you in front of a judge.
Answer: Establishing paternity gives a father the right to pursue custody or visitation, but it does not necessarily guarantee that a father will receive custody rights.
Answer: Without a paternity order in place, a father has no legal rights to conservatorship of a child in Texas. This affects unmarried fathers the most, as there is no legal presumption of paternity at a child’s birth, unlike with married parents.
Answer: To get child support, a mother in Texas must first identify the child’s legal father in a paternity order. Some mothers may use paternity cases to establish child support obligations.
Answer: Even if you share equal custody with your child’s other parent, you may still have to pay child support, as conservatorship and support obligations are treated as separate issues.
Answer: The cost of a paternity attorney can range from firm to firm. In Texas, paternity and family law attorneys often charge hourly rates, typically falling between $200 to $500 per hour.
Answer: If you believe that you are not the child’s legal father, you have the right to contest a court order of paternity. A court will usually order genetic testing to determine whether you are the child’s biological father. However, you may only have a limited amount of time to challenge paternity – usually until the child's fourth birthday.
Answer: If a mother intentionally lied about the identity of a child’s legal father, the wronged party may have grounds to file a lawsuit for paternity fraud.
Answer: If a DNA test proves paternity, the court may take steps to assign the father legal responsibilities. The father may share custody of the child, and he will usually have the obligation to pay child support.
Answer: A father, mother, or child can file a petition with the court to establish paternity. The state itself may also file a paternity suit.
Answer: Unmarried parents in Texas who both agree about legal parentage can sign an Acknowledgment of Paternity. Otherwise, one parent can seek a court order of paternity through genetic testing. Once paternity is established, they may take steps to address child custody and child support.
Answer: Different behaviors can negatively influence the court’s perception of a father. For instance, violating a judge’s orders or bad-mouthing the child’s other parent in front of the child can hurt a father’s image in the court’s eyes.
Contact Our Bexar County Paternity Lawyers
Our firm believes in protecting the best interests of children in family law cases. We can work with fathers, mothers, or other parties to establish paternity, address issues related to child custody, and ensure that the proper child support orders are put in place. Contact us at 210-201-3832 to set up an initial consultation and learn how we can help. We will be happy to answer your questions, explain your legal rights, and help you explore your options for establishing and/or protecting those rights.
From our office in San Antonio, we provide legal help to clients throughout Central Texas, including Converse, Seguin, Selma, Windcrest, Schertz, Live Oak, New Braunfels, Alamo Heights, Balcones Heights, Castle Hills, Hollywood Park, Shavano Park, Leon Valley, Helotes, Boerne, Bexar County, Comal County, Kendall County, Guadalupe County and Medina County.
Results listed are not a guarantee or indication of future case results.
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