How is paternity handled in Texas?
The establishment of “paternity” is the legal recognition or identification of a child’s father. When faced with child custody battles or child support cases, establishing paternity can become critical while working with a Houston child custody lawyer. Under Texas statute, the biological father of a child is not automatically identified as the child’s legal guardian when the parents are not legally bound by marriage. This is one of the reasons why Acknowledgement of Paternity (AOP) is especially important when parents designate their legal rights to the child. It also ensures the child’s entitlement and inclusion to several benefits, including, but not limited to, Social Security, health insurance and pension plans. It also guarantees the fathers to custody or visitation.
There are three ways to go about establishing paternity:
- Voluntary acknowledgement
- Presumed
- Ordered by the court
The AOP is essentially a process of signing legal documents that have been submitted by both the mother and father of the child. The use of an AOP expert can greatly facilitate this affair. Once the document has been successfully filed with the Texas Vital Statistics Unit (VSU), the father (or paternal figure) then becomes legally recognized as a parent of the child and may assume the duties, responsibilities and rights of a father. The father’s last name can also be used for the child in the birth certificate.
A man is presumed to be the legal father of the child when he was married at the time of conception and birth or was married to the mother 300 days prior to the birth of the child. Paternity is also presumed if the father had lived with the child for the first two years of the child’s life and has assumed the duties of the father as if the child is his own.
In some cases, filing an AOP may not be the best option. For instance, if violence is involved in the case or if there is uncertainty about who is the biological paternal figure, AOP may not be used. Rather, a case can be filed with the Office of the Attorney General (AOG) where paternity may be established through a court ordered test.
Establishing paternity is not only necessary for claiming financial support, securing the legal name or the identity of the child; it also helps in cases where a family’s medical history is pertinent. For example, in cases of inheritable or genetic diseases, the child may be diagnosed earlier as opposed to later in life. On top of it all, the simple acknowledgement of paternity helps the child be in a stable development and supportive environment throughout life.