In Texas, as in other states, paternity tests are genetic tests that show whether or not a man is the biological father of a child. When a man is determined to be a child’s biological father with this test, they are deemed to have paternity under paternity test law.
In most situations, a court will order a biological father, or a father who has paternity, to pay child support to the child’s mother. Biological fathers can also file petitions to adopt their child.
When a father establishes their paternity, they can request and may be awarded visitation and custody rights. To find out more about paternity and paternity testing in Texas, it is important to have a lawyer consultation.
Can Potential Fathers Refuse Paternity Tests in Texas?
A father cannot be forced to take a paternity test. So, yes, a potential father in Texas can refuse to take a paternity test even if the child, mother, and other possible fathers have been tested.
It is important for potential fathers to be aware that if they do refuse to take a paternity test, they may face penalties. If a child’s mother files a lawsuit against a potential father to establish paternity, the court will order that man to take a paternity test.
If the potential father refuses to do so, they can be in contempt of court, which is punishable by fines and jail time. Additionally, if a potential father refuses to submit to the paternity test and respond to the lawsuit, the court may order a default judgment against them.
Default judgments are court orders that give the plaintiff, or mother, the remedy they sought because the defendant, or potential father, did not respond. This can include remedies such as paying child support.
To find out more about submitting to paternity testing and the consequences of refusal in Texas, it is important to speak to a Texas lawyer.
Can a Potential Father Request a Paternity Test in Texas?
A potential father can request a paternity test in Texas. This request is often included in a lawsuit to establish their paternity, affiliation, or filiation proceeding.
In Texas, a potential father can make this request even if the child’s mother objects. It is important to be aware that there may be issues if the child has an established relationship with another father figure, such as the mother’s husband or partner, for several years.
The father figure the child lives with is their presumed father. This presumption arises when the child’s birth mother is married to the presumed father or that man’s name is on the child’s birth certificate.
The law provides presumptive fathers with custodial and legal rights and responsibilities. The only way for another man to rebut this presumption is to use a paternity test to establish their paternity.
How Do I Get a Court-Ordered Paternity Test in Texas?
In Texas, a potential father will need to file a lawsuit referred to as a suit to adjudicate parentage in family court or reach out to the Texas Attorney General’s Child Support Division. It is important to be aware that there may be a paternity suit statute of limitations, or time limit on filing a lawsuit to establish paternity.
To find out more about the requirements for paternity and the best process to establish paternity, an individual should schedule a paternity lawyer consultation.
What Happens if the Father Doesn’t Show up for a Paternity Test?
When a potential father does not show up for their scheduled paternity test, they may be held in contempt of court, as discussed above. In addition, they may be required to pay fines or face jail time.
In certain cases, as noted above, the court may provide a default judgment to the mother. This will award her all of the remedies she requested in her lawsuit, such as child support and visitation or custody requests.
Can a Mother Refuse a Paternity Test?
If a mother refuses to participate in the paternity testing process they requested, their case or claim for child support can be dismissed. A child’s mother can request that a man submit to a paternity test.
If the test shows that the man is the child’s biological father, the mother can request that they pay child support. However, in order for the test process to be completed, the child’s mother will have to cooperate throughout the process until it is completed.
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How Can a Court Order Establish Paternity?
If a child’s biological father did not sign their birth certificate and they are not the presumed father of the child based on marriage to the child’s biological mother, the court will need to establish paternity. This can be very important for many different reasons, including health care for the child, support for the child, taxes, and many more.
A biological father may be able to sign an affidavit of paternity, which swears under oath that they are the child’s biological father. Another method is to use DNA testing in disputed paternity.
The child’s biological mother can initiate paternity proceedings in court to establish paternity. Once the testing process is complete, the court will provide an order that legally establishes the paternity of the father if the test shows they are.
That court order can then be used to establish the legal rights of both of the child’s parents. This can include many issues, such as visitation, custody, and medical and financial support.
What if Paternity Is Established in Another State?
When paternity is already established in another state, the parent who wants to have the other state’s order recognized in Texas will need to file the order in Texas. As an example, if a mother had a paternity order in Florida that included child support and the child’s father relocates to Texas, the mother will need to file that paternity and child support order in Texas as well.
This can be done because all states have to give full faith and credit to orders and judgments from other states, including paternity tests in different states.
Can the Results of a Paternity Test Be Contested?
Yes, contesting paternity and the results of a test can be done, especially if there is evidence of fraud related to the test results. This may arise if the potential father had another person take their test or if the results were tampered with in some other way.
In addition, if a potential father can show that they are sterile or infertile and, therefore, unable to be the biological father, they can also contest the results.
Do I Need a Texas Attorney for Assistance With Paternity Test Issues?
If you have any type of question, concern, or issue related to paternity tests in Texas, it is essential to consult with a Texas paternity lawyer. If you are a child’s mother who is having problems establishing paternity, an attorney can help.
If you are a potential father who has been ordered to submit to a paternity test, a paternity lawyer can provide you guidance throughout the process. This is also the case if you are a potential father who wants to contest paternity test results.
Your Texas paternity attorney will help you file any necessary documents related to your paternity case and represent you during court appearances. You can use LegalMatch’s free lawyer matching service in as little as 15 minutes to find a Texas paternity lawyer near you who can help.
