Determining the legal father of a child (determining paternity) is not only important for determining child support, it is also important for determining custody rights, inheritance rights, and visitation rights. In Texas, a person can be an acknowledged father, a presumed father, or an adjudicated father.
Being an acknowledged father is the most common. It simply involves having the father and the mother work with a State approved entity to sign an official document, called and Acknowledgment of Paternity, and having that filed with the State. This is usually done at the hospital where the child is born.
Whether someone is a presumed father depends on the particular facts and circumstances of each case, such as whether he was married to the mother of the child when the child was born or whether he raised the child as his own during the first two years of the child’s life.
An adjudicated father is someone who has gotten paternity through a court proceeding. When paternity is contested or unclear, paternity is often determined through genetic testing, assuming that all the legal prerequisites are met and no legal bars apply.
If paternity is contested, a paternity suit can be filed to determine who the legal father is, which can subsequently result in orders related to child support, visitation rights, and child custody. Paternity suits can be filed by the child, by the potential father, by the mother, or by a government or adoption agency. Depending on various factors, there are legal time-limits by which a paternity suit needs to be filed. In most cases, a paternity test will be ordered by a court and will be done through genetic testing.
Once paternity is decided, the courts can begin to determine visitation, support, and custody of the child. This will always be done with the best interest of the child in mind. See the child custody and child support page on this website for more information about custody determinations.
If the mother of a child files a paternity suit against you, you have to show up in court, even if you are certain that you are not the father. You are strongly advised to hire an attorney to protect your rights if a paternity suit is filed against you. If you do not show up in court, the court may issue orders that adversely affect you without you having an opportunity to plead your case.
If you want to sue or if you are being sued for paternity, contact me at (281) 815-4855.