Fort Worth Paternity Lawyer

File for Paternity in Texas

While maternity is established by birth, a man is often not considered to be the father of his child until legal action is taken. Until you are legally established as the father, you will have no parental rights such as visitation and custody.

At O’Neil Wysocki P.C., our experienced Fort Worth paternity attorneys have more than 155 years of combined experience with divorce and family law cases. When you retain our firm, you can expect dedicated representation from a lawyer who truly cares about helping you resolve your legal issues.

Need help establishing or refuting paternity? Call our firm today at (817) 332-2202 to learn how we can help.

The Four Types of Fathers

From a legal standpoint, there are four different types of fathers in Texas. This “status” of the father will determine the way suits and other disputes will be handled over issues like child custody, visitation, and child support. These four legal types of fathers are as follows:

• Presumed father – this is any father who is legally presumed to be the child’s father. Most commonly, this refers to men who were married to the birth mother at the time of the child’s birth.
• Acknowledged father – this refers to a man who has signed an Acknowledgment of Paternity, a document which establishes the man as the child’s legal father. This is typically signed at the hospital when the child is born, but may be signed later.
• Adjudicated father – if the paternity of a father is determined in court, typically through a paternity suit, they are considered an adjudicated father. This may also apply to fathers who were married at the time of the birth, but have since divorced the mother.
• Alleged father – this term is typically used when one party is claiming, or alleging, that another party is the child’s birth father. The person who alleges paternity will be responsible for proving their claims, most commonly through DNA testing.

How is Paternity Established in Texas?

In Texas, paternity can be established through several methods, each providing a legal framework to identify the biological father of a child and secure his parental rights and responsibilities. Here are the primary ways to establish paternity in Texas:

Presumption of Paternity

In Texas, a man is presumed to be the father of a child if:

• He is married to the mother of the child and the child is born during the marriage.

• He is married to the mother and the child is born within 300 days after the marriage ends (by death, annulment, or divorce).

• He married the mother after the child's birth and voluntarily asserted his paternity (e.g., by being named as the father on the birth certificate or by promising in writing to support the child).

• He continuously lived with the child in the same household for the first two years of the child's life and represented to others that the child was his own.

Acknowledgment of Paternity (AOP)

If a man is not presumed to be the father, paternity can be established by both parents signing an Acknowledgment of Paternity form. This is a voluntary process where both the mother and the alleged father agree to the man being the legal father.

The AOP form is typically completed at the hospital when the child is born, but it can also be completed later through the Texas Vital Statistics Unit.

Court Order

When there is a dispute or uncertainty about the child's paternity, either parent, the child, or a government agency can file a paternity suit in court.

The court can order genetic testing to determine the biological father. If the test results confirm paternity, the court will issue an order establishing paternity, which can include provisions for child support, custody, and visitation.

Administrative Process

In some cases, the Texas Office of the Attorney General’s Child Support Division can establish paternity administratively. This process involves genetic testing and can result in an administrative order establishing paternity without going to court.

What Are the Benefits of Establishing Paternity?

Establishing paternity offers numerous benefits for fathers, both legally and emotionally. Legally, it provides fathers with the right to seek custody and visitation, ensuring they can be actively involved in their child's life. This involvement is crucial for building a strong parent-child relationship and positively influencing the child's development.

Moreover, establishing paternity grants fathers the ability to make important decisions regarding their child's upbringing, including education, healthcare, and religious instruction. It also allows fathers to include their child on health insurance plans and ensures that the child can receive benefits such as Social Security, inheritance rights, and veterans' benefits.

From a financial perspective, establishing paternity can lead to more equitable child support arrangements. Fathers gain the opportunity to contribute financially in a structured and legally recognized manner, promoting the child's well-being and ensuring their needs are met.

Emotionally, establishing paternity can provide fathers with a sense of identity and purpose. It allows them to be recognized as an essential part of their child's life, fostering a bond that can be immensely fulfilling. This recognition also helps in building a stable and supportive environment for the child, which is beneficial for their emotional and psychological development.

Call (817) 332-2202 For Experienced Representation

Whether you are a father trying to spend more time with your children, a man who has been falsely labeled as a father, or a mother seeking child support, our firm has the knowledge and skill you need on your side. With more than two centuries of combined experience under their belts, our Fort Worth paternity lawyers are ready to take on even the most complex case.

Contact us today to request a confidential consultation.