Family Lawyer
Issues of paternity are not always straightforward and the law doesn’t always make perfect sense. So, let’s break down the basics of paternity according to a family lawyer with our friends at the Brandy Austin Law Firm.
First of all, what is paternity?
Paternity is legal fatherhood. The genetic father of the child becomes the legal father, gaining all rights and duties of a parent. Establishing paternity is important if the parents are unmarried because the father will not have any legal rights to the child until paternity is established. Paternity is legally presumed when the parents are married but can be established by filing an Acknowledgement of Paternity or by a court order.
Why does it matter?
As mentioned above, without established paternity the father will not have any legal rights to the child. Establishing paternity can secure the rights of fatherhood. Establishing paternity can be valuable for the child or children as they can be aware of their medical history and any inheritable health issues. On the financial side of things, paternity must be established for a court to order a father to pay child support. Establishing paternity may also be important to ensure that a child will be able to claim their father’s benefits like social security, veteran’s benefits, insurance, and inheritance.
What is an Acknowledgement of Paternity?
An Acknowledgement of Paternity is a legal document stating that the man is the child’s genetic father. The man and the child’s mother must both sign this document. An Acknowledgement of Paternity is helpful and most often used when parents aren’t married but the identity of the father is agreed upon. Once the document is filed, the man becomes the legal father with the rights and responsibilities of a parent. However, it is important to note that the Acknowledgement of Paternity will not be valid if another man is the acknowledged father of the child. The Acknowledgement of Paternity will also not be valid if the mother is married to someone else at the time the child is born or if the child is born within 300 days of their divorce date. In these situations, the husband or ex-husband will be the presumed father.
On the other hand… What is a Denial of Paternity?
A Denial of Paternity is a legal document stating that the presumed father is not the genetic father of the child. This document is signed by the presumed father. The Denial of Paternity is valid if the child’s genetic father and mother also sign an Acknowledgement of Paternity. The Acknowledgement of Paternity and the Denial of Paternity need to be filed.
Now, what is a presumed father?
According to Sec.160.102 of the Texas Family Code, a presumed father is a man who is recognized as the father until it is “rebutted or confirmed in a judicial proceeding”. Sec.160.204 states that “a man is presumed to be the father of a child if:
1) he is married to the mother of the child and the child is born during the marriage;
2) He is married to the mother and the child is born before the 301st day after the day the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
3) he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
4) he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
(A) the assertion is in a record filed with the vital statistics unit;
(B) he is voluntarily named as the child’s father on the child’s birth certificate; or (C) he promised in a record to support the child as his own; or
5) during the first two years of the child’s life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.” As stated earlier, issues of paternity can be confusing so being informed on the legal steps
applicable to your situation can be helpful. This is not an exhaustive guide to paternity issues and it is a good idea to seek legal advice from a qualified attorney. You may also want to seek more information online for help.