Legal Fatherhood: Establishing Paternity in Texas

A single man may be a biological father in Texas, but he cannot be a legal father without both him and the mother signing an official Acknowledgment of Paternity form.

2012-02-08

February 08, 2012 (Press-News.org) Legal Fatherhood: Establishing Paternity in Texas

If an unmarried mother in Texas needs child support to help take care of her child, paternity needs to be established. A single man may be a biological father in Texas, but he cannot be a legal father without the parents filling out an official Acknowledgment of Paternity form.

Without the AOP, the child has no legal father. With it, the father's name will be added to the birth certificate. Legal paternity gives the father the enforceable right to spend time with the child. As a legal father, he can sue for child custody or visitation.

In a case where the unmarried parents function as a family unit, the father is likely to be at the hospital for the birth and the parents can execute the AOP there. The hospital files it with the state Bureau of Vital Statistics. If the father is not at the hospital, but wants to acknowledge paternity, he can sign the form before or after the birth.

If either parent wants to withdraw his or her signature from an AOP, a petitioning process is available to do so within 60 days, or a lawsuit can be filed after that time. Be careful to respect all legal deadlines if you are trying to rescind an AOP.

If the biological father will not sign the AOP, the mother can notify the Attorney General's office or hire a private attorney to sue for child support. A mother on public benefits will be referred to the Attorney General for this service automatically.

Similarly, if a mother will not sign the AOP with a man who believes he is the biological father, he can seek help from the Attorney General or a family law attorney. A man may request free paternity testing to be used in a legal proceeding.

If the mother is married to another man or divorced from someone else less than 300 days before the child is born, that husband or former husband needs to sign the Denial of Paternity part of the AOP form. This relates to the traditional legal principal that a husband is assumed to be the biological father of a child born during or slightly after a valid marriage.

The Attorney General of Texas or a private attorney can help a biological parent with a suit to force the husband or former husband to sign the denial if he won't voluntarily, because without that signature the AOP is not valid and the biological father cannot be the legal father.

If you are involved in a paternity issue in any role -- mother, biological father, putative father or husband -- discussing your options and rights with a lawyer experienced in Texas paternity law is in your best interest.

Article provided by Barbara Lynch Schnack Law Office PC
Visit us at http://www.barbaralynchschnack.com

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