Paternity

Paternity

Paternity Actions Attorneys in Collin, Denton, Dallas Counties.

Our Law Firm Serves Clients in the Following Counties: Collin, Denton, Dallas.

Paternity Actions in Texas

Paternity is the process of legally establishing the identity of a child’s father. This process is often accomplished through DNA testing. Texas law also can establish paternity in certain situations.  Once paternity is established, a Texas court can implement rights and duties for the father, including possession of and access to a child and providing financial support for the child.

If you are trying to establish paternity or refute allegations related to paternity, Grinke Stewart Law, PLLC, can help. We have experience on both sides of paternity matters and can help you understand the options available to you.

Importance of Establishing Paternity

Paternity matters seek to identify the father of a child and thus trigger all of the parental rights and responsibilities recognized in the state of Texas. Without established paternity, fathers do not have a legal right to custody and visitation, and mothers are not able to secure child support.

Parents and children alike benefit from the resolution of paternity matters. Parents have solidified rights and duties, and children have the opportunity to have both parents in their lives. Additionally, children often have better health care options when both parents are financially contributing, and they can have more comprehensive medical care when they have access to both parents’ medical histories. Children will also have certain property and inheritance rights as to their fathers when paternity is established.

For all of these reasons, paternity is an important issue for families. Paternity can be established in several ways in the state, and a lawyer can help you determine which applies to your case and which is right for you and your child.

Methods of Establishing Paternity in Texas

Paternity can be established three ways in Texas:

• Presumption
• Acknowledgment
• Court Proceeding

Presumption means that someone is presumed under the law to be the father of a child. This will be the case when a child is born to two married people or to two people who were married within the 300 days preceding the child’s birth. Paternity can also be legally presumed if the couple married after the child’s birth, and the father is claiming paternity, or if the father lives with the child for the first two years of the child’s life while holding out that he is the father. It is important to understand that merely listing someone as the father on a birth certificate does not create an automatic legal presumption of paternity.

If the parents of a child choose acknowledgment as a means of establishing paternity, both of them will sign a sworn document called an Acknowledgment of Paternity (AOP). An AOP states under penalty of perjury that the male party is the biological father of the child. Parents might want to use an AOP if they are unmarried but agree on paternity. Conversely, a man might want to complete a Denial of Paternity (DOP) form. This might be necessary if the man is the presumed father of the child but is not, in fact, the biological father. A DOP will need to be filed with the Vital Statistics Unit in conjunction with an AOP from the mother and the true or acknowledged biological father.

When presumption and acknowledgment are not viable options, the parents can initiate a paternity action in court. Either of the parents can file a paternity suit and request genetic testing. They can also agree to genetic testing during a paternity action. Sometimes, there will be more than two parties to these suits, if the mother has identified several potential fathers. The results of any DNA test performed in the case will usually dictate the outcome and whether parental rights and duties will be established for the biological father. These cases can quickly become complicated, making experienced legal counsel invaluable.

Contact Grinke Stewart Law for Assistance with Your Paternity Matter

Whether you are trying to establish paternity or disprove it, our legal team will assist you during this process. Contact us today to learn more about your options. Call Grinke Stewart Law, PLLC at (469) 598-2001 to discuss your legal matter with one of our attorneys.