Establishing Paternity in Texas

Paternity means being the biological father of a child. The biological father has certain legal obligations to any biological children they have fathered, such as financial child support. For the court to order a father to pay child support, it is necessary to establish paternity.

When it comes to establishing paternity in Texas, there are a few ways this can be done. Here’s what you need to know about establishing legal paternity of a child.

Court Ordered Paternity Test

When the paternity of a child is in question by either the mother, father, or another legal guardian, the court may order the alleged father to take a paternity test. A paternity test is typically a simple procedure where the alleged father and the child or children in question have the inside of their cheek swabbed and the sample is submitted for testing. These types of paternity tests are 99% accurate at determining the biological father of a child. The results may take as long as 4-6 weeks to come back.

Voluntary Paternity Test

If the alleged father of a child wishes to prove or disprove their paternity, he may submit to a voluntary paternity test. This test is performed the same way as a court ordered paternity test, by a cheek swab of both the father and child or children in question in a certified testing facility.

Acknowledgment of Paternity

If both parents acknowledge without a doubt who the father of a child is, they may file an acknowledgement of paternity. The purpose of this legal document is to give the biological father rights to custody and to be responsible for child support. It also gives the father the right to use his last name for the child’s last name on their birth certificate and to be consulted in any adoption proceedings regarding the child.

Denial of Paternity

If the presumed father is not the biological father, such as in cases where the mother is married to a man who is not the biological father, a denial of paternity can be filed. This document may accompany an acknowledgment of paternity if the situation calls for it.

Scenarios Where it is Necessary to Legally Establish Paternity in Texas

There are many different situations where it may be necessary for the court to legally establish paternity in Texas, such as:

• Biological mother is requesting child support. If the biological mother of a child claims that a man is the biological father and wants him to pay child support, it will be necessary for paternity to be established in order for the court to require him to pay it.
• Alleged father believes he is not the biological father. In many cases the alleged father of a child does not believe he is the biological father, in which case he may voluntarily submit to a paternity test or be ordered by the court to take a paternity test.
• Biological father is requesting parenting rights. If a father wants to have custody or visitation rights to his children, he may have to legally establish paternity by proving he is the biological father through a paternity test.
• Foster parents want to legally adopt a child or children. Anytime there is an adoption request the biological parents must be located and consulted unless they are deceased. If a father comes forward claiming to be the biological father, a paternity test may need to be done to establish legal paternity.

Need Help With a Paternity Case? Contact the Law Firm of Andrea M. Kolski

If you’re involved in a court case where it is necessary to establish paternity, the Law Firm of Andrea M. Kolski can help. Whether you’re the mother, father, or legal guardian of a child in question, our law firm will fight for your rights. We also fight for children’s rights in child custody cases.

Call (832) 381-3430 or contact us today to schedule a consultation. We look forward to providing you with the legal assistance you need.