Paternity


Houston Paternity Lawyer

Paternity involves determining the legal father of a child. The legal father and biological father are not always the same, although this is most often the case. A child’s legal father is the one who is obligated to provide support and is able to claim any rights that are associated with parenthood.

Born Within a Marriage

When a child is born within a marriage, the husband is assumed to be the biological and legal father of that child. The husband’s rights under Texas law are very solid, as he must sign a Denial of Paternity form to relinquish his status. If he fails to do this, a biological father must file a claim in a court of law in order to be recognized as the legal father. For help with paternity issues, interested parties should contact a qualified paternity attorney.

Born Outside a Marriage

Paternity must always be established whenever a child is born outside of marriage. This is often done at the hospital during the time of the child’s birth. Since the biological father is often present at the birth, establishing paternity at the hospital can be very convenient. All Texas hospitals have the necessary forms that are required to establish paternity. By doing so at the time of birth, the father’s name can be added to the child’s birth certificate.

Once the Acknowledgement of Paternity is signed, it becomes a binding legal document. Even so, there is a grace period in which either parent can file a petition to rescind it. This must be done within 60 days after the Acknowledgement of Paternity is signed. Whenever a court date is pending to determine paternity, the petition must be filed before that date. A Houston paternity lawyer can help make sure that all important deadlines are met.

Refusal to Sign

Both parents have legal remedies available in the event that the other parent refuses to acknowledge paternity. A mother who finds that her child’s biological father is unwilling to accept responsibility can open a case with her local branch of the Texas Department of Human Services. This will trigger an investigation into the matter, and the alleged father may be subject to DNA testing in order to force him to provide for the child.

If the mother refuses to acknowledge a father’s paternity, he can raise suit with the attorney general’s office. The court will consider the totality of the circumstances when determining whether further DNA testing will be permitted. If the mother of your child is refusing to acknowledge your paternity, get help from a qualified paternity attorney today.

Have a Houston Paternity Attorney Review Your Case

A child benefits greatly whenever paternity is established as early as possible.

Those who are having difficulty establishing paternity for a child can contact Houston family lawyer Mario Madrid at 713-877-9400 and get a free legal consultation.