The fact is – more and more – people are going their own way rather than following societal norms, and this includes when it comes to getting married and having children. Marriage rates are declining, and many people don’t feel the need to verify their relationships with the state.

While it’s great to express yourself however you see fit, the matter of parentage becomes trickier when a couple isn’t married, and a better understanding of the legal ins and outs of paternity in the State of Texas can help you better protect your rights. Learn more by consulting with an experienced Round Rock paternity attorney today.

If You Aren’t Married when Your Child Is Born

The bottom line is that if you aren’t married when your child is born, the matter of parentage is resolved for the mother, who is awarded automatic parental rights at birth. However, the matter of who your child’s second parent is must be resolved through the establishment of paternity.

When both parents agree on this primary issue, simply filling out an Acknowledgement of Paternity (AOP) form signed by both of you and leaving with the hospital will do the trick.

If the matter of who the child’s father is isn’t resolved until after you’ve left the hospital, you can use the same AOP form, but you’ll need to file it with a certified AOP entity, such as a local birth registrar.

However, if you and your child’s other parent are in disagreement on the matter of paternity, either of you can seek the court’s intervention to have the issue resolved, which is typically accomplished through DNA testing. For its part, the state can also require genetic paternity testing on its own, such as in relation to child support.

The Father’s Name on the Birth Certificate

Including the father’s name on the birth certificate does not establish paternity, and conversely, not having the father’s name on the birth certificate does not negate the presumed father’s child support obligation.

Texas requires both parents to support their children emotionally and financially; parenting time addresses the emotional element, and child support addresses the financial.

The Presumed Father

When a man disputes their paternity, they need to overcome the legal presumption of paternity, which involves proving that they’re not a child’s biological father. In Texas, the presumption of fatherhood can be established in any of the following ways:

• The man is married to the mother at the time of the child’s birth.

• The child is born within 300 days of the man’s divorce from the child’s mother.

• The man married the mother while she was pregnant with the child.

• The man married the mother after the child’s birth, and he asserted paternity with Vital Statistics, voluntarily included his name on the child’s birth certificate, or went on record promising to support the child as his own.

• The man lived with the mother and child continuously for the child’s first two years and represented himself as the child’s father.

When a Paternity Test Is Required for Child Support

When Texas presumes that someone is a child’s father – by any of the means listed above – paternity testing is not necessary to set up child support and enforce payment. A presumed father is recognized as a child’s father unless they are able to rebut the status through the court.

Either the mother or the father can request that a paternity test be ordered – or the court can order testing absent either parent’s request. Once paternity is adjudicated – or established legally through the court – it’s very difficult to undo.

When a father who is attempting to get out of paying child support fails to show up for his court-ordered DNA test, it can lead to a contempt of court charge, which carries fines and potential jail time.

Additionally, the court can adjudicate parentage absent DNA testing based on the father’s failure to comply. In other words, the state has the tools necessary to hold fathers financially accountable for their children.

The Paternity Hearing

Once the results from a DNA test become available, the paternity hearing can be held. At this juncture, one of the lab’s DNA experts may be called to testify regarding the test results – unless both parties are in agreement regarding the outcome.

If He Isn’t the Father

If the man believed to be a child’s father is ruled out through genetic testing, a Denial of Paternity (DOP) can be filed with Vital Statistics. From here, the formerly presumed father can be discharged of all parental responsibilities for the child.

If He Is the Father

If DNA testing proves that the man is indeed the child’s father, his financial responsibility for them comes into play. From here, the court will also consider the father’s parental rights, including legal custody – or decision-making authority – and parenting time. Often, these concerns can be addressed at the same time paternity is officially established.

Child Support

Generally, the primary custodial parent – who, in the event of a paternity case, is likely to be the mother – is the recipient of child support. When the parents divide their parenting time more equally, however, the one who earns more is likely to have the child support obligation.

Some of the factors that guide the calculation of child support include the following:

• The child’s needs, including any special needs

• Each parent’s income

• The cost of the child’s health insurance and who covers it

• The cost of the child’s daycare and who covers it

• The amount of parenting time each parent is awarded

• Any extraordinary expenses the child generates

• Each parent’s age and overall mental and physical health

Child Custody Arrangements

Child custody in Texas is addressed in terms of both legal custody and physical custody – or parenting time.

Legal Custody

Legal custody assigns decision-making authority regarding primary parenting concerns like the following:

• Where your child goes to school

• The medical care your child receives

• The extracurriculars your child participates in

• The religious education your child receives

• Where your child makes their primary home

Both parents can make these decisions by consensus, but one of you may have the authority to break a tie if your genuine attempts to reach a mutually acceptable decision fail. You can also divide these decisions between yourselves according to category, or one of you may be awarded sole legal custody, which translates to making each of these decisions on your own.

Parenting Time

Parenting time assigns the schedule by which you and your children’s other parent will divide your time with your child. It’s important to understand that Texas courts are always guided by the best interests of the child in question, and this generally means maximizing the amount of time each parent has with them – unless there is a compelling reason for ruling otherwise.

The best interest factors that guide court decisions regarding parenting time include:

• The child’s physical, educational, and emotional needs, including any special needs

• Each parent’s ability to effectively address these needs

• The relationship each parent has forged with the child

• Each parent’s involvement in raising the child to date

• How well the child’s current home, daycare, and community – or the status quo – serve their needs

• Each parent’s inclination and ability to effectively co-parent

• Each parent’s commitment to bolstering the other parent’s relationship with the child

Foregoing Child Support

In some situations, neither parent is required to pay child support. This generally applies when the parents get along well, trust one another, and share a commitment to doing what’s best for their child. In such circumstances, Texas courts will typically approve formal agreements that bypass child support but are likely to include stipulations about parenting time.

Even when there is no child support order, seeking state services for a child can trigger a child support mandate. Further, if the no-child support arrangement doesn’t work out as well as planned, a child support modification will be required. The process involves proving that there’s been a significant change in relevant financial circumstances.

The Benefits of Establishing Paternity

Establishing paternity benefits everyone involved in a variety of ways.

The Child

The child benefits from both the financial and the emotional support the father offers. It’s nearly universally agreed that children are better off when they know and spend time with each of their parents – barring a serious reason for not doing so – and the establishment of paternity helps make this happen. The financial benefits to the child can include all the following:

• The child support that the father pays

• Potential benefits, such as inclusion on the father’s employment-based health insurance policy and any disability or veteran benefits

• Beneficiary status on financial tools, such as life insurance policies and retirement accounts

• Inheritance rights through Texas’s laws of intestacy

When a child knows who both of their parents are, they also have a more thorough and accurate accounting of their own medical history, which supports their health.

The Father

Few pursuits in life are as rewarding as parenthood, and establishing paternity is an essential step in the process of asserting parental rights in the form of parenting time. The upside of forging a close, loving relationship with one’s child is difficult to overstate.

The Mother

Raising a child on one’s own is a daunting task, and having another parent in the picture can make a tremendous difference. Because both parents typically have the child’s best interests at heart, having the father as a sounding board can be advantageous. This is in addition to sharing parenting time and the financial boost that child support offers.

FAQ

When unmarried, do both the mother and father have automatic parental rights?

No, for both parents to receive automatic parental rights, they must be married at the time of a child’s birth. In order to protect your parental rights as a father, it’s important to establish paternity. This can be done voluntarily – when both parents are in agreement on the matter – or can be established through the court via DNA testing.

There is no father listed on my child’s birth certificate. Can I add my current husband’s name?

No, only your child’s biological father can be added to your child’s birth certificate. The only way for your current husband to become your child’s father is by adopting them, and for that to happen, your child’s biological father would have to give up his parental rights.

Can I refuse to take a paternity test?

No, refusing to take a court-ordered paternity test can land you in contempt of court. Once the court gets involved, you need to take their orders seriously.

What does it mean to be a child’s presumed father?

There are certain instances in which paternity needn’t be proven because the court presumes – or believes without the need of proof – that a specific man is the legal father of the child in question. A prime example is when a couple is married at the time of a child’s birth.

Do I need a paternity attorney?

If you are facing a legal concern related to paternity, your rights are at stake, and the best way to protect them is with skilled legal guidance in your corner.

Reach Out to an Experienced Round Rock Paternity Attorney Today

Brett Pritchard at The Law Office of Brett H. Pritchard in Round Rock is a compassionate divorce attorney who appreciates the significance of your paternity case concerning you and your child. He has the focus, resources, and drive to help. To learn more, don’t wait to contact or call us at 254-781-4222 and schedule your free consultation today.

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