Establishing Paternity under Texas Law
Posted on | April 29, 2011 | No Comments
Every state in the union has its own laws governing the establishment of paternity, so if your baby is born in Texas, the laws of the Lone Star State control. Even if you were just driving through Texas when your baby was born, Texas laws govern the establishment of paternity for infants born within its borders.
Establishing a child’s paternity is important because without it:
- A Texas court will not order a father to pay child support
- A father cannot enforce his right to visitation or possession of the child
Other benefits of establishing paternity include:
- The child may be able to receive assistance from government programs, such as Social Security, veteran’s benefits or health care.
- The father can provide health insurance and other benefits, for the child
- The child will have access to his/her family medical history
Under Texas law, when a child is born to unmarried parents, it is deemed to have been born without a legal father. To establish legal paternity, and secure the child’s legal rights in these circumstances, the child’s parents must complete an Acknowledgment of Paternity (AOP). In the Lone Star state, there is a difference between a “legal father” and a “biological father.” Blood tests or other medical examinations are used to establish the biological connection between parents and their offspring.
Acknowledging paternity
When a baby is born to unmarried parents in Texas, a man can establish himself as the child’s legal father by having both parents sign an Acknowledgement of Paternity (AOP). 
When that document is filed with the Bureau of Vital Statistics, the biological father then also becomes the child’s legal father. Once that is completed, the father’s name is placed on the birth certificate, a court can order him to pay child support and grant him the right to visitation or custody of the infant.
Potential complications for establishing paternity
Sometimes, establishing paternity in Texas requires more than merely the signing of an AOP. If the mother is married to someone else when the baby is born or the infant is born within 300 days of the date of her divorce from a man who is not the biological father, the child is considered ‘of the marriage.’ However, to negate this label, the husband must sign a Denial of Paternity (DOP). If he does, the biological father can become the baby’s legal father by signing an AOP. However, if the husband will not sign a DOP, either biological parent may initiate a case with the Texas Attorney General or they may hire a lawyer to help them establish paternity through the court system.
Located in Dallas, Texas, and serving men and women throughout the DFW Metroplex, the Law Office of Marilynn W. Landon offers clients experienced advice, personal service and guidance through the legal system.
Dallas Attorney Marilynn Landon will skillfully guide you through the family law and divorce process. Call (214) 522-4226 today!
Tags: Child Custody > child visitation > dallas family law attorney > Divorce > divorce lawyers Dallas > establishing paternity > Family Law > Fathers' Rights > Paternity > shild support > Texas Law
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