Five Ways to Establish Paternity in Texas

As a mother, officially determining the paternity of a child is the first step in enforcing the father's legal obligations to a child which may include child support as well as other legal rights and restrictions. For a father, legal proof of paternity must be obtained in order to begin to pursue custody and visitation rights. There are a few ways law offices go about proving paternity.

Acknowledgement of Paternity

This is a voluntary process in which the [unwed] father is recognized as the biological father when both he and the mother acknowledge the fact and a Paternity Acknowledgement is signed at the hospital where and when the child has been delivered. 

Assumed Paternity

Each state sets specifications for assumed paternity – if they are met, a man is automatically assumed to be the father. In most cases, these include that if the child is conceived while the presumed father and mother are married and living in the same household, and the man is not infertile at this time, he is considered to be the father. Bear in mind that since there have been cases where these circumstances have not been correct, there are ways to rebut this ruling.

Default Establishment

In certain states, a man can be considered as the father by default it he fails to meet certain legal obligations. For example, if he was informed of and scheduled for a paternity test, and fails to show, he may be deemed the father by default.

Judicial Establishment

When an alleged father denies his paternity to a child, or if a mother denies a man's paternity who believes he is the father of the child, the judicial process is called into action. In this case, the court determines whether or not a man is the father, and whatever the outcome will determine whether the father gets custody, must supply monetary support, can have visitation rights, et cetera. In a case like this, it's a good idea to have an experienced lawyer, such as Marshall Davis Brown Jr, represent you in court so the true outcome and requirements are reflective of the actuality of the situation.