According the the Center for Disease Control (CDC), 41.3% of Texas births are by unmarried women. Men who are boyfriends of or at least in some relationship with the mother, may wonder “am I legally the dad?” This is a question of paternity and paternity means legal fatherhood. With legal fatherhood comes paternity rights meaning the father has legal standing in the eyes of the law to his child.
When a baby is born to married parents, the law automatically recognizes two legal parents –husband and wife. Married couples do not need to take any additional legal steps to establish paternity.
A unmarried woman can name any man as the father. Until proven otherwise with a DNA test (paternity test), it is likely that the man the woman names is the biological father. However when a baby is born to parents who are not married to each other, the law does not recognize the biological father as a legal parent. In other words, a biological father who is not married to the mother of their child does not have legal rights to his child until he becomes a legal parent. This is done by establishing paternity first. Basically there is a distinction between biological dad and legal dad.
Why Establishing Paternity Important
In Texas, an unmarried father has no rights until he establishes paternity. By establishing paternity, unmarried parents give their children legal rights and privileges to Dad.
Texas’ family courts believe, that in most cases, children benefit from having a strong relationship with both parents. Without establishment of paternity, an unmarried mother is legally the sole parent of a child even if she names a father on the birth certificate. This means she alone has the legal right to make decisions for the child, such as where the child will live, who the child will see and all other decision-making that comes with parenting. The child’s father must establish legal paternity before becoming the legal parent and have a voice in the welfare of his child.
Establishing paternity means obtaining paternity rights. Paternity rights mean that a child’s father can:
• Have the right to both legal and physical custody, and seek sole conservatorship (sole custody) if necessary
• Gain visitation rights with a court-ordered schedule
• Participate in decision-making about the child, such as:
o Education
o Healthcare
o Religious affiliations
o Changing the child’s name
• Participate in raising the child
• Travel with the child
• Give the child access to his medical history
• Foster relationships with his side of the family
Establishing paternity also means the child can receive inheritances and claim benefits from both parents, such as Social Security, veterans’ benefits, and insurance. For many men, they welcome being a father and regardless of the relationship with the mother, wish to fully embrace being a dad and being a loving stable force in the life of their children.
Child Support in Texas
Establishing paternity also allows the child to receive financial support from both parents. The office of the Attorney General of Texas is responsible for handling child support in the Lone Star State. Like other states, Texas believes parents should financially support their children and not shirk that responsibility and force the state to support the child through welfare programs when able-bodied parents can do so.
However getting child support from the father is not automatic. A mother has to apply for it, either through the online portal or by mail (call 800-252-8014 to request application form by mail). The state then issues an order for child support on the father following establishment of paternity or through a court order, if necessary. A mother then can begin receiving child support payments by direct deposit into her bank account or through a prepaid debit card.
Texas parents have multiple ways to pay child support, including online, via bank draft, and by mail. The online portal also allows parents to see all of their payment activity.
How to Get Paternity Rights
If you a man who wants to obtain his paternity rights, you must petition the court. It is often to your benefit to seek the help of an experienced family law attorney, like Attorney Wendy Hart who serves clients in and around the Fort Worth area. A family law attorney will help you through the legal process of petitioning the court, establishing visitation, and calculating child support.
Once your petition has been granted, you will have your paternity rights as the child’s father upheld. This means that visitation and shared custody is arranged as well as child support. You will also be able to share in decision-making as to things like education, religion, healthcare and travel. You will be able to participate fully in the raising of your child and give your child the right to inheritances and to claim benefits.
If a man is uncertain if he is a child’s father, he should have a paternity test. A court-ordered DNA test, often know as a paternity test, can answer the question quickly. However even if the paternity of the child is not in question by either parent, the parents must still legally establish paternity. Texas Family Code Section 160 states that the “presumed father” is a man that previously lived with the child’s mother during the child’s first two years.
If the couple has never lived together but still agree on paternity, the man can start the process of Acknowledgement of Paternity (AOP) before the child is born, or a Petition To Adjudicate Parentage.
If an Acknowledgement of Paternity isn’t possible due to the father’s unavailability, the court may order one after a mother has filed for child support. The mother can add the father’s name to the child’s birth certificate, and the state establishes the child support order.
Help In Fort Worth With Establishing Parental Rights
Establishing paternity is one of the most important things you can do for your child. It is a benefit for the mother, father, and child. When both parents have a strong loving relationship with their child, it gives them a good start in life and a stable upbringing.
For more than 20 years, Wendy L. Hart has been a family law attorney helping people throughout Tarrant County, Texas with paternity and other practice areas of family law including divorce, adoption, and custody. She understands that family law matters affect the entire family, and thus it is important to have an experienced family law attorney who will treat your case with the utmost respect and confidentiality . If you are seeking your paternity rights, we work to ensure that your rights are secured. Schedule your appointment with our online contact form, or call us at (817) 842-2336. We’re ready to help.
