What Rights Do Fathers Have If Not On a Birth Certificate?
A birth certificate is a legal document recording the birth of a child. The information included on birth certificates includes the child’s date of birth, place of birth, and their legal parents. To have your name listed on the birth certificate, you must be the child’s biological father or have legally adopted the child.
In Texas, you may still have legal rights to your child if you are not on the birth certificate, like child custody and visitation. However, you must establish paternity before you have any legal responsibility. If you do not establish paternity and your name is not on the birth certificate, you have no legal rights to the child.
If your name is not listed on the birth certificate of your child and you want to establish legal paternity, contact a family attorney for legal guidance. At Skillern Firm Divorce & Child Custody Lawyers, we want to help ensure that you have legal rights to your child and that you can play an active role in your child’s life. Our experienced family law attorneys can help you determine paternity and apply for an amended birth certificate to establish you as a legal father.
With decades of combined experience in family law, we have the skills you need to guide you through the family legal system. Three of our attorneys are Board Certified in Family Law by the Texas Board of Legal Specialization, which is a certification given to just 1% of family attorneys in Texas.
Call us today to get help with your legal case by calling (832) 688-6606
father's rights FAQs
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In Texas, a father’s name can only be added to a birth certificate if they are the biological father or if they have gone through the legal process of adoption. If you have adopted a child and want to get a new birth certificate, seek help from an experienced attorney. They can help you file a Certificate of Adoption and get an amended birth certificate.
If you have not adopted the child and are not the child’s biological father, your name cannot be included on the birth certificate.
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If your name is on the birth certificate but you have not made steps to establish yourself as the father, you do not have parental rights. As an unmarried father, you must sign an Acknowledgment of Paternity (AOP) form or get a court order establishing your rights as a father.
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In Texas, there is no time limit for establishing paternity. You can file a paternity suit to establish yourself as the father at any stage in the child’s life. We recommend getting advice from an attorney if you want to establish yourself as the child’s father.
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If you are the presumed father of a child, either through marriage at the time of the birth, living with the child for two years and presenting them as your own, signing an Acknowledgement of Paternity (AOP), or if the child was born before the 301st day after the marriage ended, you have legal responsibilities and rights to the child.
Father’s Rights in Texas
If you are a child’s legal father, you have certain rights and responsibilities. Your responsibilities include providing financial support to your child and taking care of your child if you have custody rights. Included in these responsibilities are the rights you are afforded as a father, such as the right to spend time with your child and decision-making rights.
The child’s father and the child’s mother have equal rights under Texas law. Any decisions made on behalf of the child must be in their best interests. Once a father has established paternity and established themselves as the legal father, they have the following legal rights:
Child Custody Rights
Child custody laws provide that a legal father may seek custody of their children, including both legal custody and physical custody. In Texas, child custody is known as “conservatorship” which refers to the decision-making rights each parent has in a child’s life. Possession refers to the rights each parent has to spend time with the child.
Both the mother and father have custody rights to their children once they are legally established as their parents. If you are not on the birth certificate but have established your parental responsibility rights by proving paternity, you can apply for custody rights to your child.
Contact the Father’s Rights Attorneys at Skillern Firm Divorce & Child Custody Lawyers Today!
Unmarried fathers who are not on the child’s original birth certificate must take measures to establish their rights as fathers. If you are the biological father, you must get either an Acknowledgement of Paternity (AOP) or a court order to get legal rights to your child, such as child custody and visitation rights.
As a father, it is important that you have access and rights to your child, and that these rights are protected under the law. The best way to ensure that your rights are protected and that you can have custody and visitation with your child is to seek help from an experienced family law attorney.
At Skillern Firm Divorce & Child Custody Lawyers, we have a team of highly experienced family attorneys that can help you establish your rights as a legal father in Texas. Our lawyers want to protect your child’s best interests and help ensure that they have access to both parents.
We know that paternity cases are extremely sensitive and that one simple mistake can cost you dearly. Therefore, we take a personalized approach to each case we deal with, ensuring that you get the best outcome possible. Our lawyers will fight on your behalf to get your name on the birth certificate and help establish your rights as a parent.
