Katy Paternity Rights Divorce Lawyer

Establishing Paternity When Parents Disagree

If there is a disagreement as to who the legal father is, paternity can be established involuntarily through a court order. Paternity may be disputed by the mother, father, child, or state. The process begins when one party files a “Petition to Adjudicate Parentage”. If this is done by someone other than the father, the man in question will need to appear in court. If they fail to do so, then the Judge could enforce a “default order”, declaring him the legal father.

If the father does attend court and agrees that he is the legal father, then the court will enter an order adjudicating parentage. If he disagrees then the court may order DNA testing to determine if he is the biological father. If you are facing a court proceeding to establish paternity, then you are entitled to, and may benefit from representation at any stage of the process. When you are protected by the attorney-client relationship, you ensure that you have a professional on your side fighting for your best interests.

Why Does paternity matter?

Established paternity is important for the parent-child relationship and benefits all parties. Once a father’s name is on the birth certificate he then has parental rights, such as custody rights and the right to make decisions in the child’s life based on things such as education and medical care. The mother will also have someone to share the responsibilities and costs of raising a child. Finally, the child can be secure in the knowledge of who their father is and may benefit from having a close relationship with both parents. They will also know about their family history, including their medical history, and could have access to things like medical insurance and inheritance.

Non-Biological Fathers

A non-biological father may seek paternity, by formally adopting the child. Although this can be difficult, if you have a close bond with the child, and have acted as a parental figure for many years, or from birth, then you may be able to claim legal rights in regard to the child. An experienced family law attorney will be able to help you establish these things before a court and give you best possible chance of completing the process successfully.

What Are Father’s Rights?

A father’s rights attorney can help you get your name on the birth certificate. Once you are the established father, you will be granted rights such as:

What Obligations Does a Father Have To His Child?

Once paternity has been established, the father will be legally required to contribute to the child’s upbringing, both financially and emotionally. The court may order the father to pay child support and share custody of the child in addition to other responsibilities depending on the situation. Each case is treated differently by the court and so it is important to have an advocate on your side that understands the process.

Unfit Parent

If you believe that the child’s other parent is unfit to raise them and that it is in the child’s best interest for you to have sole custody, then you should speak to a father’s rights attorney as soon as possible. For example, if a parent has substance misuse issues or they have a history of committing abuse, then it may be damaging for a child’s well-being for them to have custody. The court prefers both parents to stay in a child’s life and even if these circumstances are present, they may still award supervised visitation. In the meantime, a family law attorney can help you file emergency protective orders to keep your children safe.