Let's Find Out If You Have A Case. Schedule Your Initial 30-Minute Consultation Today (346) 210-5870
Let's Find Out If You Have A Case. Schedule Your Initial 30-Minute Consultation Today (346) 210-5870
In this article, you will discover:
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.
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.
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.
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.
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.
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.
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.