Austin Paternity Lawyer | Determine Fatherhood

If you are the father of a child, or think you might not be, then determining paternity could be very important to you. Under Texas law, a father has specific rights and responsibilities that you may want or want to end.

An Austin paternity lawyer could help you understand your rights as a father and how to show fatherhood. An experienced family attorney can walk you through Texas law governing paternity and how it could apply to you.

What is at Stake With Paternity?

Parents have a responsibility to provide support and care to their children, including supervising their development, providing resources for survival, and determining where they will live. Parents also have the right to manage their child’s estate, represent their child legally, and manage their education and finances as a minor under Texas Family Code §151.001.

These responsibilities and rights should be taken seriously, and have a large impact on any parent. In the case of divorce or another conflict between parents, proving paternity may bind a father to the child or release them from such responsibility, depending on the result.

If you are a father in Austin, or if you question whether you are the father of a child, determining paternity can either establish the parent-child relationship or end that relationship, if it existed at all. An attorney could ensure that you understand exactly what you will need to do for a child.

Determining Paternity

Texas has adopted the Uniform Parentage Act (Texas Family Code §160.001), which defines the parent-child relationship and details how someone can establish paternity. A father-child relationship can be created in a few different ways as described by Tex. Fam. Code §160.201:

Unrebutted presumption of a man’s paternity
Acknowledgment of paternity by the man in question
Adjudication of paternity
Adoption of the child
Consenting to assisted reproduction that resulted in the child’s birth

You might wonder what an “unrebutted presumption” means—under Tex. Fam. Code §160.204, it means that a man is presumed to be the father in certain situations. Those situations include the following:

When a child is born within a certain time after a marriage ends
When a married man has a child born during the marriage (even if it is not a legally valid marriage)
When a man continuously lives with a child during the first two years of life and represents the child as his own
When a man marries the mother of the child after the child’s birth and asserts paternity (such as voluntarily putting his name on the birth certificate)

This presumption can only be rebutted by an adjudication under the Uniform Parentage Act or by filing a denial of paternity.

Of course, establishing paternity by acknowledgment is a simple process involving a signed agreement between a child’s mother and the man acknowledging to be the father, as laid out by Tex. Fam. Code §160.301. But more often, an adjudication of paternity comes about, whether because a mother wants to identify a father or a father wants to show that he should not be considered the parent.

Adjudication Aftermath

An adjudication can lead to an order for genetic testing, the results of which can create a presumption of paternity under Tex. Fam. Code §160.505. That presumption can only be rebutted by contradictory genetic testing results produced by the alleged father. Perhaps most important, depending on your situation, is that a man adjudicated as a father by way of genetic testing can be ordered to pay child support, including retroactive support and costs associated with prenatal and neonatal care under Tex. Fam. Code §160.636.

With the basics laid out here, someone should have a better idea of how paternity is determined in court and how the presumption of a father-child relationship can come about in Austin. However, anyone looking to determine paternity should still seek out a lawyer for advice specific to your case and for guidance on genetic testing used in state courts.

Discuss Your Paternity Suit with an Attorney in Austin

Finding out that you are the father of a child, or that you are presumed to be for whatever reason, is an impactful and important moment. To make sure that your paternity is determined correctly and that you protect your rights, you should speak with an attorney.

An Austin paternity lawyer could help you acknowledge paternity, challenge it, or claim it through adjudication. Our team could bring experience to your case and can show you what to expect from paternity actions. Call us today to schedule a consultation and get started on your case.