In Texas, it is the legal father of a child who is obligated to pay child support. Thus, the law recognizes paternity importance in child support. If the issue of child support comes before a court, the court must identify the child’s legal father. A DNA test is the best way to determine the biological father of a child, but the test is not required in all cases. There are other ways in which the law establishes the legal father of a child.
A legal consultation in Texas with a Texas lawyer would help a person understand the different pathways to paternity in Texas and when there may be a problem.
What Are the Basics of Establishing Legal Paternity in Texas?
In Texas, paternity is often legally established without a genetic test. The first scenario is the “marital presumption.” Under the Texas Family Code, if a couple is married when a child is born, the husband is legally presumed to be the father. This automatic presumption establishes him as the legal parent for support and custody. It applies in all situations in which a child is born before the 301st day after a couple’s marriage ends.
If the parents of a child are uncertain about paternity or dispute the issue, a DNA test becomes necessary. If the parents were never married and did not sign an Acknowledgment of Paternity, the child has no presumed father. There must be a legal procedure to establish paternity before a court can order someone to pay child support. Without a voluntary acknowledgment of paternity, a DNA testing procedure is the main method used by courts.
This happens if the mother names a man as the father but he denies it, or if a man believes he is the father but the mother disputes his claim. A presumed father can also challenge the marital presumption if he denies being the biological parent of a child born during the marriage. In any of these disputes, a court is very likely to order the mother, child, and alleged father to submit to DNA testing to determine paternity.
In Texas, What Is Acknowledged Paternity?
In Texas, unmarried parents may establish paternity if the mother and biological father both sign an “Acknowledgment of Paternity” (AOP). This is often done right in a hospital shortly after the child’s birth. When a valid AOP is filed with the Texas Vital Statistics Unit, it has the same legal effect as a court order establishing legal fatherhood.
The unmarried parent of a child may rescind an AOP by filing a form with the Texas Vital Statistics Unit within 60 days of the filing of the form, unless a court proceeding regarding the child has already been initiated. After 60 days, a person has to go to court to challenge an AOP. They would have to prove that it was signed under the influence of fraud, duress, or a material mistake of fact.
What Is Presumed Fatherhood in Texas?
“Presumed fatherhood” in Texas is simply the formal term for fatherhood that is legal because of the legal presumption that the husband of a child’s mother is presumed to be the legal father of a child.
What Is Alleged Fatherhood in Texas?
“Alleged father” means a man who claims that he is, or who is claimed to be by someone else, the genetic father of a child, but whose paternity has not been determined.
The term does not include fathers who have one of the following statuses:
- A presumed father
- A man whose parental rights have been terminated by a court
- A male donor.
What if I Have Been Supplying Child Support in Texas, but a DNA Test Proves I Am Not the Father?
It is important to understand that a person should not just stop paying child support without a court order. A parent who believes that they are no longer obligated to pay child support must go to court and get an order that relieves them of the responsibility for child support. This is true even if a father uses a private DNA testing lab. The result of private paternity DNA testing is not enough to allow a parent to stop paying support.
Genetic testing must be performed by the state of Texas to prove legally that a father is not the biological parent of a child.
To end their child support obligation, a father needs to file a petition with a Texas court to terminate their status as the legal father of the child. This would end their child support obligation. A court may also require a presumed father to prove that they relied on misinformation or misrepresentation when they assumed they were the child’s biological parent.
For example, if a man was married to the child’s mother at the time of the child’s birth, of course, the law presumed he was the child’s parent. The man himself may have assumed this also for a variety of reasons, e.g., not having any reason to question his paternity, his wife’s duplicity, or something else.
When it comes to DNA testing for paternity, the court requires the father and their alleged child to submit to DNA testing. If the testing should show that the man is not in fact the biological father of the child, the court may terminate their status as a legal father. This would end their obligation to pay child support immediately at the hearing.
However, a father could still owe child support that they had not paid before the order terminating their obligation to pay is issued. Of course, the father could not expect to recover the child support they paid in the past.
If the father has acted as the child’s father for a lengthy period of time and has a strong relationship with the child, the court may not agree to change their status as the legal father. The court might reject the petition. The father may continue to be the legal parent and may have to continue to pay child support.
These cases can be complex. The result would depend on how long a man has been involved in a child’s life. Other factors that a court would consider would be whether there is another man who claims to be the parent. Or, if another man plays a father-like role in the child’s life, a court might take this into consideration. Yet another factor would be whether the mother deliberately misrepresented that a certain man was the child’s father. Other factors may be considered as well.
If a man has known that a child was likely not his biological child, but has continued to support and parent the child, the court may view the situation as a case of paternity by estoppel. The court may refuse to grant the man’s request to no longer support the child on the grounds that the relationship with the child’s mother ended.
What Happens if My Partner in Texas Has a Child That Isn’t Mine?
The husband of a mother is the presumed legal father of any child born to his wife during marriage, even if the husband and wife were separated when the child was born.
If a married husband is not the biological father of a child born during the marriage and does not want to be the legal father, the paternity of the child must be established before a divorce can be finalized. The husband may even want to go to court to resolve the paternity issue before they file for divorce.
Do I Have To Go to Court in Texas if a Person Claims I’m the Father but I Disagree?
If the parent of a child were to initiate a process in court to identify the biological father, then the person named as the biological parent needs to answer and appear in court. The court is likely to order a DNA test of the parent and the child, as this is the main method courts use to establish paternity.
Do I Need To Hire a Lawyer To Assist With Matters Involving Paternity?
If you have a paternity issue, you need to talk to a Texas paternity lawyer. You may be a presumed parent who has a current and continuing obligation to pay child support. If so, you want to establish the true paternity of the child as soon as possible.
Your lawyer will be able to advise you as to how to proceed and guide you through the process to the best possible outcome for your situation.
