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Reasons to Establish Paternity in Texas

 Posted on September 20, 2024 in Paternity

Blog ImageWhen a husband and wife have a baby in Texas, they are automatically considered the baby’s parents. There is no need to go through any tests or make any declarations. If an unmarried couple has a baby, the woman who gives birth is automatically registered as the baby’s mother, but the father is not automatically recognized as such, even if they are a couple and he has been involved throughout the pregnancy and at the birth.

To be recognized as the father of a baby born out of wedlock, you need to establish your paternity. This is a process that essentially proves that you are the father. There is some confusion about what exactly this will require from you and whether it is worthwhile. This article will explain why you might consider establishing your paternity. If you have more questions, a knowledgeable Austin, TX family law attorney has answers.

How Do You Establish Paternity in Texas?

In Texas, there are two options for establishing paternity:

  • Voluntarily: When an unmarried couple wants the father to be legally recognized, it is a relatively straightforward procedure. He needs to fill out a form called an Acknowledgement of Paternity (AOP) and submit it. If this is done at the hospital when the baby is born, the father’s name will also appear on the birth certificate.
  • Involuntarily: Whether it is the father or the mother who does not want paternity established, a court order can be issued to require genetic testing. If the test results show that he is the biological father, he will have parental rights and obligations that both parents need to address.

Why Would I Establish Paternity?

Some fathers do not want the financial obligation that comes with being responsible for a child. They do not want to be forced into paying child support and other expenses that might come around over the next 18 years or more. Other fathers feel that they do not need legal acknowledgment because they know they will be involved in their child’s life and provide for whatever they need regardless of what a legal document says.

In truth, paternity can benefit you and your child in some unexpected ways:

  • The father gets parental rights and responsibilities. You will be able to weigh in on decisions about your child’s education, religion, and healthcare. You will also have a right to possession and access, which means you can spend time with your child.
  • The child benefits in several ways: Access to your medical information that can be relevant to him, eligibility for death benefits or inheritance you leave behind, and significant emotional benefits.

Contact a Travis County, TX Paternity Lawyer

If you have a child out of wedlock, an experienced Austin, TX paternity attorney can help you navigate the process of establishing paternity. Call Powers Kerr & Rashidi, PLLC at 512-610-6199 to discuss the rights you are entitled to and any obligations you might face.

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