There are a lot of questions and misinformation about paternity out there, but it’s an important topic that can make a big difference in your life if it pertains to you. If you have questions or concerns regarding paternity, an experienced Round Rock paternity attorney is standing by to help.
The Father’s Role
Fathers undeniably play a critical role in their children’s lives, and the law is catching up with this fact. Regardless of whether a father is married to his child’s mother, he retains rights. However, if he is not married to her, paternity must first be established.
Paternity refers to legally identifying a child’s father, and the related laws can be complex. Too many fathers are scared off by the legal intricacies of paternity and, as a result, miss out on their full rights and responsibilities under the law. The better you understand Texas paternity laws, the better prepared you’ll be to protect your parental rights and fully participate in your child’s life.
The Five Most Common Misconceptions about Paternity in Texas
While there are many myths and misunderstandings about paternity in Texas, five misconceptions stand out as the most common and problematic.
One: Unmarried Fathers Are Automatically Granted Parental Rights
If you and your child’s mother agree that you are the father, it may seem natural to assume that you automatically have parental rights. However, in Texas, automatic parental rights are granted only if you are married to the mother at the time of the child’s birth.
Paternity is also presumed if:
You were married to the mother within 300 days before the child’s birth.
You lived with the mother and the child and presented yourself as the father during the first two years of the child’s life.
When a mother gives birth, she is automatically granted parental rights. The same is true for a father only if he is married to the mother.
Voluntary Acknowledgment of Paternity
If you and the mother agree on paternity, you can establish your parental rights by signing a voluntary acknowledgment of paternity (AOP) in the hospital or later through the state.
When Paternity Isn’t Acknowledged
If either parent does not acknowledge paternity, the matter typically must be resolved through court proceedings, often involving a DNA test.
Before Paternity Is Established
Without established paternity, a father has no legal right to parenting time, legal custody, or physical custody.
If you are navigating paternity concerns, speak with a trusted Round Rock family law attorney today.
Two: If My Name Is on the Birth Certificate, I Have Parental Rights
While it seems plausible that, if your name is on your child’s birth certificate, you are their father and you, therefore, have parental rights, this takes us right back to the first misconception in the lineup. If you aren’t married to your child’s mother, even being included on the child’s birth certificate will not lead to automatic parental rights for you.
However, your inclusion on the birth certificate indicates that the mother acknowledges you as the father, making it easier to establish paternity through a voluntary AOP. If you also pay child support, it further supports your paternity claim.
Three: Paying Child Support Grants Me Automatic Parental Rights
The State of Texas addresses parenting time and child support as two completely separate matters, and as such, paying child support to your child’s mother doesn’t automatically mean that you will be awarded visitation – or parenting time – with them.
Texas courts always base parenting time determinations on the best interests of the children involved, and this will guide whether or not you are awarded time with your child. Child support on the other hand is based on every parent’s responsibility for supporting their children financially, whether or not they receive parenting time or not.
Parenting Time
After establishing paternity, you’ll need to demonstrate that spending time with you is in your child’s best interests. In making this decision, Texas courts will turn to best interest factors like the following:
The degree to which you’ve established a relationship with your child to date
Your level of involvement with parenting your child to date
Your commitment to effectively co-parenting with your child’s mother
Your ability and commitment to effectively addressing your child’s needs, including any special needs
Texas courts generally favor arrangements where children maintain strong relationships with both parents.
Child Support
Even if you have no visitation rights initially, once paternity is established, you are typically required to pay child support. For one child, Texas guidelines suggest about 20% of your net income.
Four: Once I Establish Paternity, I’ll Automatically Receive Parenting Time
No, simply establishing that you are your child’s father doesn’t entitle you to visitation with them. The issue here is that establishing paternity is one step and being granted parental rights is another.
This means you’ll need to petition the court for child custody arrangements, which address both physical custody as described above and legal custody, which determines parental decision-making authority about primary issues like the following:
Where your child attends daycare or school
The medical care your child receives
The extracurricular activities or travel that your child participates in
Your child’s religious education
Securing child custody arrangements is another legal step in the process, and working closely with a savvy family law attorney will help to ensure that you receive favorable terms that uphold your parental rights.
Five: Paternity Benefits Only Me – as the Father
It’s actually well established that resolving the matter of paternity benefits everyone involved in all the following ways:
Children experience emotional and developmental benefits from having both parents present.
Both children and their mothers benefit financially from child support. This can help them establish a higher standard of living, which can support improved health care and education.Fathers build strong, rewarding relationships with their children.
Children’s legal rights are protected through inheritance rights, health insurance benefits, and other financial protections.
What You Need to Know About Paternity
If You Weren’t Married at the Time of Birth
If you were not married to your child’s mother at the time of birth (or in the 300 days before), you need to take additional legal steps to establish parental rights.
You Need Skilled Legal Guidance
Navigating paternity law can be complex. Protect your parental rights by consulting with a dedicated paternity attorney as early as possible.
Signing a Voluntary AOP
Signing a voluntary AOP establishes your rights as if you were married at the time of birth. If paternity is established through other means, additional steps will be required to secure parenting time and custody.
An Experienced Round Rock Paternity Lawyer Is Here for You
Brett Pritchard at The Law Office of Brett H. Pritchard is a skilled Round Rock paternity attorney who understands the critical importance of establishing your parental rights.
Our team is here to help you through every step of the process with the dedication your case deserves. Call us at 254-781-4222 or contact us online today to schedule your free consultation.