Under Texas paternity laws, out-of-state father paternity can be established in different ways, depending on the situation. Parents of a child have a legal duty to provide for that child.
In certain situations, who the father of the child is may not be clear, or it may be a contested issue. Paternity is a legal relationship between a biological or adopted child and their father that establishes the father’s obligations and rights related to that child.
In most situations, a child’s paternity is either presumed or is already known. It is important to be aware that many states, including Texas, presume paternity if two parents of a child are married.
This means that, when a child is born during a marriage, both of the parents will be presumed to be that child’s parents. This presumption does not exist for parents who are not married.
In these situations, a father’s proof of paternity has to be established in a different way. This can be done if the father signs the child’s birth certificate when they’re born, if the father signs an affidavit of paternity at a later date, or by using paternity testing.
A paternity test is a type of genetic DNA test that can be used to find out whether or not someone is the biological father of their alleged child or not. When a DNA test determines that someone is a child’s biological father, that test will be submitted to a court and the court can legally establish the individual’s paternity.
Once paternity is established, a father will be able to request custody and visitation and will also be legally required to financially support their child. This financial support requirement is often satisfied by a court-order to pay the child’s other parent child support or provide other things, such as medical insurance for the child.
A child’s mother can get a paternity test when a child’s father lives in a different state, although it may require legal assistance, as the rules and requirements may be different. To find out more about establishing paternity in a different state, it is important to schedule a legal consultation in Texas.
How Can Administrative Agencies Help Establish Paternity in Texas?
There may be both federal and Texas state agencies that can help establish paternity in Texas. These types of agencies are commonly established by state governments to enforce child support orders as well as other parental rights.
In Texas, for example, the Child Support Division of the Office of the Attorney General begins legal proceedings and pays the costs that are related to custody, paternity, and child support. In addition, this agency also handles child support enforcement when a biological parent is not supporting their child as required.
One issue that a parent may face with out-of-state DNA testing is that the agency that is in charge of both enforcing and establishing child support may have a difficult time serving the parent who lives outside of the state. The parent will usually have to be served physically with the paper or they may be required to appear in a court in the child’s home state.
Because of this, it is common for a private process server or an attorney to help obtain proper service for a paternity claim on an out-of-state alleged parent.
How Can a Court Order Establish Paternity in Texas?
A court order can be used to establish paternity in Texas when a child’s father has not signed the child’s birth certificate or is not presumed to be the child’s father based on marriage to their mother. It is important to legally establish paternity for many reasons, including health insurance and taxes.
A child’s biological mother may be able to file a paternity claim in court to establish an alleged father’s paternity. These types of proceedings typically require a DNA test to show they are, in fact, the child’s biological father.
Once the test is performed, a court can accept the findings and use them to legally establish the paternity of the biological father. The court will then issue an order that outlines the legal rights of both of the child’s parents, including visitation, custody, and financial and medical support.
What if Paternity is Established in Another State?
Texas lawyers can help if a parent has established paternity in a state other than Texas and they want to have that paternity order recognized in Texas. All states must give full faith and credit to judgments and orders from other states.
What if My Child’s Father Is on a Military Base Overseas?
If an alleged father is on a military base overseas on active duty, paternity proceedings may still be possible. Paternity proceedings can begin and, if the alleged father does not contest the issue, things such as child support and visitation can be established in a temporary court order.
It is important to be aware that a final order will not be established until the child’s father is off active duty, unless they agree to a proposed order. If paternity is acknowledged, wage withholding order will be provided to the proper military legal department and wages will automatically be withheld.
If the alleged father on active duty is not willing to acknowledge paternity, the Servicemembers Civil Relief Act provides that the proceedings can be stayed, or paused, until the alleged father is off of active duty. Because of this, the child’s mother may have to wait to receive child support, but she will be entitled to back child support for that time period she was waiting.
What if My Child’s Father Purposely Leaves the State To Avoid a Paternity Judgment?
If a Texas father leaves the state on purpose to avoid a paternity judgment, a court may be able to get around the formal service requirement and move forward with paternity proceedings. For example, in a case where the child’s mother can show that the alleged father is avoiding service, a court may allow informal service instead.
If an alleged father does not appear in court after being deemed served or being served, the court may enter a default judgment against them that establishes them as the father. If this occurs, the father could contest this judgment by providing a DNA result showing they are not the father.
How Does Out-Of-State Paternity Affect Child Support Payments in Texas?
As previously discussed, a state must provide full faith and credit to judgments and orders from other states. In these situations, a parent can contact the Texas agency in charge of child support enforcement and request a wage withholding order for their child support payments.
Do I Need a Texas Family Law Attorney To Establish Paternity for a Father Who is Out-Of-State?
If you have any issues, questions, or concerns about establishing paternity for an out-of-state father, it is essential to reach out to a Texas paternity lawyer. It can be complicated and stressful to try and establish paternity and child support when you live in a different state than your child’s other parent.
Your family attorney can help you understand the process and find the best way to establish paternity based on your situation. Your attorney can help you obtain service, get a temporary order, and will represent you and your child’s best interests in court. Use LegalMatch’s no cost attorney matching services to find a Texas family attorney in your area who can help.
