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  • By: Ebony Williams, Esq.
Paper family figures with a gavel overhead.

In this article, you will discover:

  • How legal paternity is established in Texas
  • The rights a father has after his paternity is confirmed
  • Whether there are legal consequences if a father refuses to sign the birth certificate

How Is Paternity Legally Established Through The Texas Family Court System?

Paternity can be established in a number of ways.

One method is called the Acknowledgment of Paternity. It’s a legally binding document recognized by the court that establishes both parties as the biological parents of a child. The parties typically sign the acknowledgement immediately after the child is born or soon thereafter.

When a child is born or conceived during a marriage, it creates a presumption that the husband is the father of the child.

You can also use DNA testing as a basis to ask the court to establish your paternity. Then, your paternity is adjudicated through a court order, meaning your paternity is legally established for all intents and purposes.

What Are A Father’s Legal Rights After Confirming Paternity In Texas?

A father has many rights after his paternity has been established. He may have rights and duties equal to those of the mother. He can be added to his child’s birth certificate, make decisions on the child’s behalf, add the child to his insurance and arrange to have the child inherit through him.

What Happens If A Man Denies Paternity During A Texas Paternity Case?

We go through the process of seeing whether he has a reasonable belief as to why he’s not the father. The court may also order DNA testing to exclude him or to confirm he is the father, if he’s alleging that he’s not.

What are The Legal Consequences If A Father Refuses To Sign A Birth Certificate In Texas?

There aren’t any legal consequences per se because a birth certificate is only prima facie proof of paternity. You need more than a birth certificate to declare someone as the father of a child.

The alleged father doesn’t have to sign the birth certificate, but a court order can adjudicate him as a father, even if he doesn’t sign. If DNA proves he’s the father or he was married to the mother and conceived the child during the marriage, his refusal to sign doesn’t mean too much.

How Do Harris County Courts Handle Contested Paternity Cases?

Harris County courts would typically order the parties to do DNA testing. If the alleged father is saying he’s not the father, the easiest way to settle the matter is to order all parties to take DNA tests.

Notes From The Field: Supporting A Client Who’s Shocked To Learn They Aren’t The Biological Father

I’ve seen that alleged father’s shock many times when I used to work for the attorney general because we did many paternity tests. It’s heartbreaking for a man when he realizes that a child is not his.

To see your client’s tears is gut-wrenching because he has established strong relationships and bonds with the child. As his attorney, you’re there for him while he processes the information. You let him know what that knowledge means for him in the long run and how he can navigate it.

Still Have Questions? Ready To Get Started?

For more information on Texas paternity disputes, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (346) 210-5870 today.

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