An Ally In All Your Family Law Matters

Dallas-Fort Worth Paternity Lawyers Serving Collin, Tarrant, & Denton Counties

Marriage isn’t as common as it once was, which can create a big problem for unwed fathers in Texas. Paternity actions are often necessary to establish parental rights. With different classifications regarding paternity, such as alleged father, presumed father, equitable parent, and stepparent, it is easy to become overwhelmed and confused. For this reason and many others, it can be very helpful to consult with an experienced attorney like ours at Shemesh Family Law. Our Dallas-Fort Worth paternity lawyers are here to answer your questions, guide you through the legal process and protect your rights as a parent.

Our Dallas-Fort Worth family law lawyers help clients with establishing paternity and paternity disputes throughout the Dallas-Fort Worth metro area, including residents of Dallas County, Collin County, Tarrant County, Rockwall County, Denton County, Ellis County and Hunt County. Contact our law firm for an initial consultation.

The Basics Of Texas Paternity Laws

For obvious biological reasons, the identity of a child’s mother is rarely ever in question, and she automatically gains parental rights. Things are more complicated with men, however – especially when they are not married to the mother of their child. Texas is one of many states that ties men’s parental rights to marriage. If a man and woman are married at the time of birth and the man is the biological father, he is automatically granted paternity, or legal fatherhood.

If a man is unmarried, however, he has no immediate or automatic parental rights. Paternity must be established in one of two ways. The easiest way is for both parents to sign an “Acknowledgement of Paternity” form. The other way is for either parent to obtain a court order establishing the man as the father.

The Importance Of Paternity

Why is establishing paternity important? For men, it is the necessary first step to gaining any other parental rights, including the right to seek child custody or visitation. For women, establishing paternity also establishes the responsibilities of legal fatherhood, such as child support. Paternity is important for children in many ways, including providing a stronger sense of lineage and identity, accessing the medical history of their father’s side of the family and gaining inheritance rights if their father were to pass away.

Why Work With A Lawyer On Your Paternity Matter?

Establishing paternity can be complex if one party contests a claim of biological fatherhood. Obviously, things are much more straightforward if both parents agree on who the father is and are willing to say so in an official capacity, but even this scenario can come with complications.

Regardless of whether you are the mother or father, working with an experienced attorney is the best way to protect your own interests and the well-being of your children. Our Dallas-Fort Worth paternity lawyers are exclusively focused on Texas family law, and our team of dedicated attorneys works tirelessly to help our clients achieve favorable outcomes. To save everyone time, money and stress, we typically pursue negotiated, out-of-court resolutions whenever possible. That being said, our paternity attorneys are also skilled litigators who will not hesitate to take your matter to trial, when needed.

Establishing Paternity in Texas: What You Need to Know

Establishing paternity is a crucial step in ensuring that both parents’ rights and responsibilities toward a child are clearly defined. Whether you are a mother seeking to establish the biological father of your child, a father looking to assert your rights, or a man uncertain of his paternity, understanding the process of paternity establishment is essential. This blog will walk you through the steps of DNA testing, what to do if you’re unsure whether you are the father, and how to handle situations where the father is not in agreement with the paternity.

What Is Paternity and Why Is It Important?

Paternity refers to the legal relationship between a father and his child. Establishing paternity not only affirms the biological connection but also ensures that the father’s rights and responsibilities, such as child support and visitation or custody rights, are clearly defined. Without legally established paternity, a father cannot seek legal rights to custody, visitation, or even be required to pay child support.

In Texas, there are a few different ways paternity can be established, and the process can look different depending on the circumstances.

DNA Testing: The Most Accurate Way to Establish Paternity

The most definitive way to establish paternity is through DNA testing. This test compares the child’s DNA with that of the presumed father, and a match will conclusively establish paternity. DNA testing is highly accurate—results can be 99.99% accurate in determining biological paternity.

Steps to Take if You Are Unsure You Are the Father

If you are unsure whether you are the father of a child, the first step is to take a paternity test. Here’s how to proceed:

Initiate the Testing Process:
1. If you are not married to the child’s mother, you can request a DNA paternity test at any point. DNA testing can be done at any time after the child is born, but if the test is to be used in a legal proceeding (for example, for child support or custody), it should be performed by an accredited testing facility to ensure that the results are admissible in court.
2. If the mother agrees, you can both consent to a voluntary paternity test. In this case, the mother and alleged father, along with the child, will provide samples for testing. If you’re unsure about the process, a family law attorney can help you ensure you are following the correct procedure.
Consult with a Family Law Attorney:
1. If you’re in doubt about your legal rights, it’s wise to consult with a family law attorney to understand your options. An attorney can guide you on how to handle potential legal disputes regarding paternity and can help ensure that the paternity test is done properly.
Wait for Results:
1. After the test is conducted, you’ll receive the results within a few days to a week, depending on the lab. If the DNA results confirm that you are the father, you can take the next steps to establish paternity legally.
Court-Ordered Paternity Test (if needed):
1. If the mother refuses to consent to DNA testing, you may need to go to court to request a court-ordered paternity test. The court can order the test, and if the alleged father refuses to cooperate, there may be legal consequences.

What to Do If You Are Sure of the Father, but He Is Not in Agreement

If you are confident of your child’s father, but he denies it or refuses to take a paternity test, there are several steps you can take:

Contact a Family Law Attorney:
1. One of the first things you should do is consult with an experienced family law attorney. A lawyer can help you navigate the legal steps necessary to establish paternity and ensure that your child’s best interests are prioritized.
File a Paternity Suit:
1. If the alleged father refuses to acknowledge paternity, you can file a paternity lawsuit (also called a Suit to Adjudicate Parentage) with the court. The lawsuit will request the court to determine whether the man is the biological father and order a DNA test if necessary.
2. Step-by-step process of filing a paternity suit:
  1. File the petition: The mother (or the father) can file a petition for paternity with the family court in the county where the child resides. The petition will ask the court to order the man to undergo DNA testing.
  2. Serve the petition: After filing, the petition must be served on the alleged father. If he refuses to take the test, you will need the court’s help.
  3. Court hearing: A hearing will be scheduled, and the court can order the man to take a DNA test. If the man refuses to cooperate, the court may take steps to ensure compliance.
Establishing Paternity in Court:
1. If the DNA test confirms that the man is the father, the court will issue an order of paternity. This legally establishes the man as the child’s father and allows both parents to seek and establish their rights and responsibilities, including child support and custody/visitation.
2. If the DNA test shows that the man is not the father, the court will issue a ruling denying his paternity, and he will not be required to pay child support or have custody/visitation rights.
Child Support and Custody:
1. Once paternity is established, either through DNA testing or court order, the father’s legal responsibilities for child support and potential custody/visitation rights are activated. The court will often address child support immediately upon establishing paternity.

What if the Alleged Father Refuses to Pay Child Support After Paternity Is Established?

Once paternity has been legally established, the father is legally obligated to provide child support, regardless of his willingness. If he refuses to pay, you can take the following actions:

Office of the Attorney General (OAG): The OAG can assist in enforcing child support orders. They will help in locating the father and ensuring he pays the required amount.
Contempt of Court: If the father continues to refuse to comply with the court order, he may be held in contempt of court and face penalties such as fines, wage garnishment, or even jail time.

Key Tips When Dealing with Paternity Disputes

Stay Calm: Paternity disputes can be emotionally charged, but it’s important to approach the situation with clarity and a focus on the child’s best interests. Keep communication respectful, especially if the other parent is involved in the child’s life.
Act Promptly: If there are questions about paternity, take action early. Establishing paternity early in the child’s life can provide both parents with clarity about their rights and responsibilities and can help prevent future legal disputes.
Work with Professionals: It’s beneficial to work with both an attorney and professional paternity testing services to ensure the process is handled correctly and efficiently.

Final Thoughts on Paternity in Texas

Establishing paternity is an important legal step for both fathers and mothers. Whether you are unsure if you are the father or facing a situation where the other parent is disputing paternity, it’s critical to understand the legal process in Texas. DNA testing is the most reliable way to establish paternity, and if there are disputes, seeking legal guidance can help you navigate the situation effectively. The team at Shemesh Family Law is here to help guide you through the paternity process and ensure your rights—and the child’s well-being—are protected.

Discuss Your Paternity Matter With Our Skilled Paternity Attorneys

If you have questions about your parental rights or want to establish paternity, our knowledgeable Dallas-Fort Worth paternity lawyers at Shemesh Family Law are ready to provide answers and guidance. To schedule a consultation with one of our experienced paternity law attorneys, call our Dallas office at 214-432-2501. You can also reach us using our online contact form. We offer a 30-minute consultation for new clients, and we serve the entire Dallas-Fort Worth area.

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