For unmarried parents, there are some hurdles to overcome in the event that the relationship does not work. For the presumed father, he may need to take steps to establish paternity. Once paternity is established, an order for custody can take place. In addition to obtaining placement or visitation time with a child, a child support order can also be established.
There are many reasons why mothers and fathers take steps to prove a man is the father of a child. A mother may be seeking child support and needs to establish paternity so the state can take action to secure these funds. A father may seek paternity as a measure to obtain a relationship with a child. In contrast, there are also reasons to contest or challenge paternity. A man may want to avoid such financial obligations by proving that he is not the father. A mother may also challenge it when she believes that someone else is the actual father.
In Texas and other states, unmarried parents can face additional hurdles to overcome when they are no longer together. In some cases, a mother or a father will take steps to establish paternity. Whether a mother is asserting that a man is the father when he is contesting it or a father is seeking to establish paternity following a breakup, it is important to understand the process one may go through to establish paternity.
Much like a divorce with children is a difficult and emotional process, ending a relationship that involves a child is also challenging. Unmarried parents face similar issues when it comes to determining custody and placement of the child; however, these parents face different issues that are unique to this matter. While they do not have to go through the added issues like property division or spousal support, unmarried couples must first establish parental rights. In other words, unmarried fathers in Texas must take steps to establish rights as the father to the child in question.
In Texas, paternity means that a child has a legal father. Unlike married couples, a child born to unmarried parents does not have a recognized biological father. This means that an unmarried biological father does not have legal rights to the child until paternity is established and he becomes a legal parent.
There's an old saying that one cannot be "a little bit pregnant." That is to say, a person is either pregnant or she is not. Similarly, in a biological sense, a man is either the father of a child or he is not. Legally speaking however, things are a bit more complicated. For example, if a couple is married, any child born to a female partner is presumed to be the child of a legal husband, until that presumption is overcome by evidence. A non-married man may also be considered the father of a child if he has made an official acknowledgement of paternity, either at birth of subsequently. But what if he later decides he is wrong? Is it possible for a Texas 'father' to disavow the paternity of a child?
The birth of a child can be a joyous occasion for both the mother and father. Legally speaking, when a couple is married and welcomes a new baby into the world, the law presumes the husband to be the biological father of the wife's child without the need for legal paperwork or an official acknowledgement. However, for unmarried parents or those facing other unique life circumstances, establishing paternity, and the legal rights that come with it, requires additional effort.
Over the last few decades it is becoming increasingly apparent that the role the father plays in a child's upbringing is vitally important to a child's wellbeing. In the past, it was believed by many that the maternal instincts and relationship between mother and child were deemed most important. Today, however, fathers are also acknowledged, and the courts are making certain that father's rights are protected.
Establishing paternity is important for fathers, children and families. When a couple is married at the time of child's birth, the paternity of the child is presumed. While the husband is assumed to be the father of the child if the couple is married when the child is born, there is no similar presumption of paternity if the parents are unmarried. It is important for unmarried couples to establish paternity of a child for a variety of reasons and it may be necessary for married couples to challenge the paternity of a child.
Paternity in Texas has many different aspects that come up under the law. One issue that can be complicated has to do with mistaken paternity. This can be related to paternity fraud, confusion with potential biological fathers, paternity actions and more. The state has taken steps to deal with factors that commonly arise with mistaken paternity.