Children born in Texas to unmarried parents do not have the same established legal rights as their fathers as children who are born to married parents.
At birth, an unmarried biological father has no legal rights to a child until he legally establishes his paternity. This is also true of a child who is not the biological child of a married woman’s husband. Therefore, a man must legally become the father to have his parental rights.
Establishment of Paternity
An unmarried mother has all rights to a child when it is born while the father has none. This is true even if the mother names a specific man as the father or lists his name on the child’s birth certificate. The man who believes he is the father must establish his paternity before he can seek his rights to his child.
Unmarried parents in agreement can easily establish paternity by completing and filing an Acknowledgement of Paternity (AOP) form with the assistance of an AOP-certified entity. These are trained individuals to assist parents with the process.
Once paternity is finalized, the parents can begin creating a visitation schedule if needed, including a court order, establish child support payments, and participate in the child’s upbringing.
The Presumed Father
When a married woman gives birth, her husband is the presumed father. This is also true if the marriage to the man ended within 300 days before the child’s birth.
But when an unmarried woman gives birth, the rules are different. A man who lived with the child continuously and presented himself as the child’s father for the first two years of the child’s life is considered the presumed father.
Occasionally, there is doubt that the presumed father is also the biological father. One party can file a claim to establish paternity, including filing a form. A court will order a DNA test to settle the question.
DNA Testing
Over-the-counter DNA tests have led many people to discover that their parentage was not what they thought. However, these “consumer-grade” DNA tests are not acceptable as proof of paternity. The mother and presumed/biological father can request DNA testing if there is any question.
If there is a question that the presumed father is not the biological father, the court can order paternity DNA testing to answer that question. The DNA test is a cheek swab done in court, at a local Child Support office, or at a nearby clinic. The results take four to six weeks and are then used to determine the child’s paternity. Once the court receives the lab results, it will then finalize the paternity order.
When the child’s father and paternity are established, he will then have all the parental rights and responsibilities for his child as he would if he and the mother were married.
Help In Tarrant County With Establishing Paternity And Parental Rights
Establishing paternity is one of the most important things you can do for your child. Ensuring both parents are available and have a strong relationship with the child or children gives them a solid start in life.
For more than 20 years, Wendy L. Hart has been an experienced family law attorney helping people throughout Tarrant County with paternity and other rights with their children. We work to ensure that your rights are protected. Schedule your appointment with our online contact form, or call us at (817) 842-2336. We’re ready to help.
