Navigating custody and child support can present unique challenges when a baby is born to unmarried parents who are no longer a couple. When this happens, often the name of the child’s father is not on the birth certificate. Unmarried parents may wonder what happens if the biological father doesn’t sign the birth certificate. What rights and obligations does the father have under these circumstances?
In Texas, there are established legal paths for biological fathers to pursue a relationship with their child and for mothers to obtain child support even if the father is not named on the birth certificate. At Mims Ballew Hollingsworth, our collaborative team of family lawyers serves as a resourceful partner for unmarried parents who have concerns about paternity and child support matters. Our skilled child custody attorneys work together, sharing more than 100 years of family law experience to help you navigate these often complex legal processes effectively.
Presumption of Paternity in Texas
According to Texas law –Texas Family Code Section 160.204(a) – a man is presumed to be the father of a child if one of these situations applies:
- Marriage: He is married to the mother of the child, and the child is born during the marriage (or within 301 days after the marriage is terminated).
- Cohabitation & Representation: During the first two years of life, he continuously lives with the child and he represents to others that the child is his own.
- Signing Birth Certificate: He asserts his paternity of the child by being voluntarily named as the father on the birth certificate. (When the father wishes to do this, the hospital provides a Voluntary Acknowledgement of Paternity (AOP) form. Once both parents sign the form, the man’s name is officially added to the child’s birth certificate as the legal father.)
Even if not done at birth, a father can assert his paternity of a child by completing an AOP form. If both parents sign the form, the man’s name is officially added to the child’s birth certificate as the legal father.
If none of these criteria are met, and a father’s name is not on the birth certificate, there is no presumption of paternity. This means paternity must be legally established for the father to bear parental obligations and to have parental rights.
Birth Certificate Signatures: Implications for Child Support
If the father signs the birth certificate to acknowledge paternity, even if the parents don’t live together, he has legally established paternity. However, signing the birth certificate (which, if unmarried, usually involves signing a Voluntary Acknowledgement of Paternity) does not automatically mean he has to pay child support.
Here’s why:
- Establishing Paternity vs. Child Support Orders: Signing the birth certificate creates a legal presumption that he is the father, giving him legal rights and responsibilities. But child support is a separate legal obligation that typically requires a court order.
- Court Process for Child Support: To secure child support, the mother must file a petition with the court to establish a child support order. The court would then determine the amount of payments, based on Texas guidelines, considering factors like the parents’ incomes, the number of children, and the children’s needs.
- Father’s Rights and Obligations: Once paternity is established through the birth certificate, the father also gains parental rights, such as the right to seek conservatorship (custody) and possession and access (visitation) with the child.
Establishing Paternity Through Legal Channels
If the father’s name is not on the birth certificate of the child, a mother can still pursue child support. The process looks like this:
- Petition to Establish Paternity: The child’s mother files a petition with the court asking the judge to name the biological father.
- Service of Process: Next, the alleged father must be legally notified of the lawsuit by being “served” with the court documents.
- Genetic Testing: The next step is typically DNA testing to determine parentage. Both the child and the alleged father provide DNA via cheek swabs.
- Court Order Establishing Paternity: If the DNA test confirms the man is the father, the court issues an order legally establishing paternity.
- Child Support Order: Once paternity is established, the court may then issue an order detailing future and possibly retroactive child support payments.
The Office of the Attorney General Child Support Division can also assist with these steps, or a mother can seek legal representation from the family law attorneys at Mims Ballew Hollingsworth to navigate the process.
Biological Father’s Rights and Obligations
Does the biological father have rights if he is not on the birth certificate? If the man’s name is not on the birth certificate, he does not automatically have any legal rights regarding the child. However, he can establish paternity in one of two ways.
- Voluntary Acknowledgement of Paternity: If the mother is cooperative, both parents sign the AOP form and file it with the state Vital Statistics Unit. After the AOP is processed, the father’s name is added to the birth certificate.
- Petition to Establish Paternity: If the mother is uncooperative, the biological father must file a petition to establish paternity with the court. The court will order DNA testing to confirm the biological relationship. If paternity is confirmed, the court issues an order recognizing the father.
The father does not automatically get custody or visitation rights once paternity is established. He must then file a petition with the court to request conservatorship (custody) or possession and access (visitation).
Navigate Paternity and Child Support with MBH
If you are facing challenges with child support and paternity, the experienced family law attorneys at Mims Ballew Hollingsworth can help. We have more than 100 years of combined experience, and four of our attorneys are Board Certified® in Family Law by the Texas Board of Legal Specialization. Our lawyers work collaboratively, sharing expertise to provide comprehensive and effective legal representation, which sets us apart from other law firms. We are skilled at handling complex asset division and high-stakes divorce cases involving high-value assets, and we bring this same level of dedication to all our family law matters.
Contact us today to set up a consultation for personalized legal advice and services.
FAQ Section
Yes, a mother can obtain child support even if the father’s name is not on the birth certificate in Texas. Paternity will need to be legally established first, often through DNA testing and a court order.
Signing the birth certificate creates a presumption of paternity, but it does not automatically make the father responsible for child support payments. A separate court order is generally required to establish child support obligations.
If paternity is not recognized at birth, legal steps typically involve filing a Petition to Establish Paternity with the court, which may include genetic testing to confirm the biological relationship.
A biological father not listed on the birth certificate does not automatically have legal rights regarding the child. He must first establish paternity through the court system to gain parental rights and responsibilities.
Yes, a father can be required to back-pay child support if paternity is established later. Your child support attorney may ask the court to order retroactive child support from the time the child was born or from the date the support action was filed.
