Practice Areas
Paternity
Understanding Paternity in Texas
Paternity is the legal determination of who a child's father is. Establishing legal paternity can be important because it creates a legal relationship between a father and child and may affect conservatorship, possession and access, child support, medical support, inheritance, and other parental rights and responsibilities. Paternity may be established voluntarily through an Acknowledgment of Paternity or through a court proceeding when the parents do not agree about who the child's legal father is.
Establishing Paternity
Paternity may be established in several ways depending on the circumstances of the parents and child.
When both parents agree about the identity of the child's father, they may be able to establish paternity by signing an Acknowledgment of Paternity, provided the legal requirements are satisfied.
When paternity is disputed or cannot be established voluntarily, genetic testing may be used to determine biological parentage, either voluntarily or through a court-ordered DNA test. In some circumstances, Texas law may also recognize a man as a presumed father based on his relationship with the child's mother or other circumstances.
Because establishing paternity can affect important rights and responsibilities—including conservatorship, possession and access, child support, and medical support—it is important to understand the legal consequences before signing an Acknowledgment of Paternity or taking other action regarding parentage.​
Paternity and Parental Rights, Custody, and Support
Establishing legal paternity creates important rights and responsibilities for both the father and the child. Once paternity has been established, a father may seek conservatorship, possession and access, decision-making rights, and other legal rights concerning the child.
Establishing paternity can also affect the child's rights, including potential inheritance and eligibility for certain benefits through the father. If the parents cannot agree on issues involving the child, the Court may determine conservatorship and possession based on the child's best interests.
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Establishing paternity may also create financial responsibilities for the father, including child support, medical support, and responsibility for certain uninsured medical expenses.
Child support proceedings can address the amount of support and the parents' respective financial obligations for the child's needs. Paternity therefore provides the legal foundation for addressing both a parent's relationship with the child and the financial responsibilities associated with raising the child.
Presumed and Challenged Paternity
Texas law recognizes circumstances in which a man may be presumed to be the father of a child, including certain situations involving marriage to the child's mother. A presumed father may have legal rights and responsibilities even when paternity has not been established through an Acknowledgment of Paternity or court order.
At the same time, a person may have reason to believe that they are not the biological or legal father of a child. Challenging paternity can be complicated because Texas law places significant importance on established legal parentage, and certain actions, existing orders, or prior acknowledgments may affect a person's ability to challenge paternity. Time limits and other legal requirements may also apply, making it important to understand whether a person is considered a presumed, acknowledged, or adjudicated father before taking action.
Fergus & Tomanka Can Help
Establishing or challenging paternity can have long-term consequences for both parents and the child. A determination of legal parentage can affect custody, possession, child support, medical support, inheritance, and other rights and obligations that continue throughout the child's life. Because paternity issues can involve both biological and legal questions, it is important to understand the potential consequences before signing documents, agreeing to parentage, or beginning a court proceeding.
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Fergus & Tomanka can help you navigate the legal issues involved in establishing, challenging, or confirming paternity. Whether you are a father seeking to establish parental rights, a mother seeking to establish legal paternity and child support, or someone questioning an existing determination of parentage, our attorneys can help you understand your rights and available options.
We can also assist with related custody, child support, and adoption matters that may arise as part of a paternity case.
