Protecting Your Family's Future

Establishing Paternity in Texas

Establishing Paternity in Texas

Whether you are the “putative” father or the biological mother of a child either born out of wedlock or with disputed parentage in Texas, there can be significant reasons to either confirm or refute paternity. A determination of paternity essentially identifies who is (or is not) the legal father, and confers rights on both the legal father and the mother of the child. The father will have the opportunity to petition the court for reasonable visitation, and even custody, if circumstances warrant. The mother can use the establishment of paternity to obtain an order of child support. Establishing paternity in Texas requires the help of a family law attorney.

In Texas, there is a presumption that a child born to a married couple is the offspring of that couple. If the parties agree that they are the parents, paternity is automatically established. However, if the parties are not married at the birth of the child, or if there are allegations of marital infidelity, the child will have no legal father until paternity is determined.

Establishing Paternity in Texas

The Ways Paternity Can Be Determined in Texas

The Lone Star State allows paternity to be confirmed either voluntarily or involuntarily. If both parties agree on paternity, they can sign a document called an “Acknowledgement of Paternity.” Most hospitals carry the form. After it’s signed, it will be sent to the Vital Statistics Unit in Austin, and the legal father’s name will be listed on the birth certificate.

Involuntary determinations of paternity are always done through a court. Either party can file a “Petition to Adjudicate Parentage,” and the court will hold a hearing to gather evidence. If either party denies paternity (or is uncertain about paternity), the court can order DNA testing. If the court establishes paternity, it will issue an order adjudicating parentage, granting all rights as a legal father.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas.

To learn how we can help, call our office at 281-761-6042 or contact us online. Our family law attorney offers an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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