When a couple is married at the time of a child’s birth, paternity is presumed in the eyes of the law. Paternity refers to identifying the legal father, and paternity must be legally established if the parents are not married. While every child has a biological father – whether he is known to the child or not – the same is not true when it comes to having a legal father. The establishment of paternity awards the father with parental rights and responsibilities and can be beneficial to everyone involved.
If you have questions or concerns regarding paternity, an experienced Fort Worth paternity attorney can help.
Paternity in the State of Texas is generally established in one of the following ways:
Once paternity is established, important rights and responsibilities generally come into play.
Establishing who a child’s father is can benefit the child, the father, and the mother.
It is well established that children’s best interests are supported when they’re allowed to form solid relationships with both parents. The child also benefits in more practical ways, including:
Inclusion as a beneficiary on the father’s life insurance policies, retirement accounts, and other financial tools.
Paternity affords the father both rights and responsibilities as a parent. These responsibilities include paying child support, and the rights can extend to having a regular parenting time schedule with the child.
In Texas, child support is based on each parent’s income and the number of overnights the child spends with each parent. Child support is intended to spread the cost of supporting a child financially between both parents – according to their ability to pay. Ultimately, the parent whose earnings are higher generally makes the child support payments.
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Parenting time refers to how both parents divide their time with their child. Texas courts base parenting time determinations on the best interests of the children, and as such, they only cut one parent’s access off when there is an important reason – that is based on protecting the child – for doing so. As such, the establishment of paternity often leads to parenting time for the father.
The mother also benefits from paternity establishment. Child support payments provide financial help, while shared parenting time offers breaks in a demanding parenting routine. Importantly, the child’s relationship with their father can also be a meaningful enrichment for the mother.
Paternity cases are highly important for everyone involved. You need the right legal representation to protect your parental rights regarding custody, support, and related issues. The legal team at Mims Ballew Hollingsworth in Fort Worth assists both mothers and fathers with paternity matters across Tarrant County and surrounding areas. Contact us online today for more information or to schedule a free consultation!
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A paternity attorney helps parents establish or challenge legal fatherhood, guiding them through DNA testing, court filings, and custody or child support issues. In Fort Worth, a paternity lawyer also ensures your parental rights are fully protected under Texas family law.
Establishing paternity gives the child access to financial support, inheritance rights, and benefits such as health insurance or Social Security. It also gives the father legal rights to custody or visitation and provides the mother with additional resources to raise the child.
Yes. If both parents agree, they can sign an Acknowledgment of Paternity, often at the hospital when the child is born. If there’s disagreement, however, a court order and possibly DNA testing will be required.
If a parent refuses DNA testing, the court may enter a default judgment or compel testing. Courts prioritize the child’s best interests, so avoiding a test rarely helps the refusing parent.
Not always. Child support is determined based on income, custody arrangements, and the child’s needs. However, once paternity is established, the court may order child support to ensure financial responsibility is shared.
Yes. Mothers benefit from additional financial support and shared parenting responsibilities, while fathers gain legal rights to custody and visitation. Both parents benefit when their child has secure ties to both sides of the family.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.
