Understanding Texas Paternity & Parentage Laws
Upon the birth of a child, that child’s birth mother’s name is automatically added to the birth certificate. The only time a father’s name is automatically added to the birth certificate is if the mother and father are married. In every other instance, it is important for the mother and father to take steps to establish paternity and have the established father listed as the legal father on the birth certificate. Doing so ensures the father receives all the rights due to him and protects the relationship between father and child.
Common Examples of Paternity Cases
Paternity or parentage actions can arise out of any number of situations, including:
- Establishing paternity
- Requesting parental access (visitation)
- Requesting child support
- Seeking adoption
These cases not only help the parents determine their legal rights and responsibilities, but they also open the child up to a wider world of love, support and nurturing. For this reason, this process should never be taken lightly by any party involved.
The Process for Establishing Paternity
There are three ways to establish paternity in Texas. The first, referenced above, is presumed due to marriage. The second is by the mother and alleged father voluntary signing and filing an Acknowledgement of Paternity with the Vital Statistics Unit, which states that the father is indeed the biological and legal father to the child. The third is by court order.
To establish paternity by court order, either the mother or alleged father must bring the paternity claim before the court. Once the court accepts the case, the alleged father must undergo DNA testing. This often means that the purported father and the child must have blood drawn to run blood tests. If the results show 99% or higher probability that he is the father, the court will name him the legal father and order his name placed on the child’s birth certificate.
Why Paternity Matters
In general, the establishment of paternity is key for all three parties involved:
- For a father, establishing paternity means gaining fundamental rights to spend time with your child. This also means you then become responsible for sharing the costs associated with raising your child.
- For a mother, establishing paternity means obtaining the legal right to pursue child support payments from the established father. This also means that you must share your child’s time with his or her father.
- For a child, establishing paternity allows that child access to his or her full medical history, which is especially important when it comes to specific health conditions.
Gather More Information to Properly Handle Your Paternity Case
You can learn more about paternity by reviewing our paternity and parentage laws terminology page. You can also seek the caring, dedicated advice of an experienced family law professional by calling 972-353-4600. Get the help you need now so you can make today the first day of the best half of your life.