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The Importance Of Establishing Paternity For Unmarried Parents

Paternity establishment is needed when there is a child who was born during a marriage but not of the marriage or when a child is born from an unmarried couple. To determine paternity, the court makes orders that state whom the child’s legal parents are. In Texas, if a child is born during a marriage, the law assumes that the husband is the father of the child. Things become complicated if a party had a child during the marriage but not of the marriage (i.e., had a child with someone that was not their husband or wife during the marriage). There is no law assuming parentage for unmarried parents. Thus, parentage of their child needs to be established. Not sure of your rights or the process and want guidance? Call family law attorney Fayez Hatamleh at Fayez Law Group, PLLC and schedule an appointment.

What Paternity Means

Paternity establishment is made if the father signs an acknowledgment of paternity (AOP). Paternity establishment may be also be set aside if a husband signs a denial of paternity. If there is a child who was born during a marriage but not of the marriage; it is best to contact an attorney who handles family law matters, such as Fayez Law Group, PLLC.

In said situation, there are a series of steps that must be followed in order to remove the presumption of paternity, from the husband, and obtain an adjudication of paternity with the biological father (not the husband). In most cases, the court will order DNA testing to confirm paternity, prior to adjudicating a father.

Once paternity has been adjudicated, the father’s name may be included on the child’s birth certificate (if not already there). Moreover, the father will have all the rights and responsibilities of a parent.

Understanding Your Rights As A Parent

A suit affecting the parent-child relationship creates the parent-child relationship. A suit affecting the parent-child relationship includes child conservatorship, possession and access, child support, and medical support. Without an order addressing the parents’ rights and responsibilities, both parents have equal rights in regard to their children.

Moreover, without said order, both parents have the ability to do the following: have the child living with them, enroll and unenroll the child from school, move with the child, take the child to another state, pick up the child from school, attend extracurricular school activities and prevent the other parent from seeing the child.

Thus, if the parents do not live together, it is essential that they obtain an order establishing each of the clauses addressed above.

Work With A Family Law Attorney Sensitive To Your Paternity Issues

Fayez Law Group, PLLC, provides you with the personal attention your parenting issue needs. Paternity is not always straightforward as relationships change. Call 713-714-0029 and speak with attorney Fayez Hatamleh. You can also reach him via the website contact email form. The office is in Friendswood, and Fayez works with clients from the Houston metro area.