Establishing Paternity
Paternity offers the father legal rights to the child and can offer financial and medical support to the child.
Establishing Paternity
As a child advocate, The Law Offices of Stephanie Hoppas™ can help establish paternity for fathers seeking access to their child or mothers seeking support from the father.
Fathers
Being recognized as the legal father is a crucial step to guaranteeing you are involved in your child’s life, whether you seek visitation rights or full custody of your child.
Mothers
If you are seeking financial and medical support from the biological father of your child to health your child have the quality of life they can thrive in, you will first need to establish that man as the legal father of your child.
Why Should You Establish Paternity?
Benefits for the Father
Even if you are listed on the child’s birth certificate, you may not be legally recognized as the father by the state of Texas.
Being recognized as the legal father entitles to the child’s school records, medical records, and have the ability to seek custody of the child and be granted child support.
Benefits for the Mother
If you are a mother living without the father of your child, establishing paternity is needed before the father can be court ordered to pay child support.
Benefits for the Child
The child can benefit from having two parents being recognized as legal parents. This allows the child’s upbringing to be funded by two incomes, and can entitle them to benefits from both parents, such as medical insurance and social security benefits.
This can also give the opportunity for the child to connect with the second parent and learn about their family history.
Who Can Seek to Establish Paternity?
In Texas courts, the mother of the child, the man claiming to be the father, the child, or a government entity may pursue to establish paternity.
The Man Claiming to be the Father
The Child
The Mother of the Child
Government Entity
What are the Different Types of Fathers per Texas Law?
A man being listed on a birth certificate or being referenced to as “daddy” by the mother is not necessarily enough to be considered a legal parent with the rights and responsibilities of the child in Texas. See below to learn the different types of legal definitions of fathers.
Alleged Father
A man that publicly claims he is the father of a child without any recognition legally.
Has no legal rights to the child, but paternity rights may be pursued.
Biological Father
Biological Father Man who is genetically the father of the child.
When not married to the mother of the child upon birth, he must take extra steps to have paternal rights to the child.
Legal Father
A man has has (1) established paternity voluntarily (Acknowledgement of Paternity [AOP]), (2) has been adjudicated as the father through a court order, or (3) never denied fatherhood after being presumed the father.
Shares all rights and responsibilities of the child.
Acknowledged Father
A Father who has filled an Acknowledgement of Paternity (AOP) with the Texas Vital Statistics Unit and not necessarily married to the mother.
Adjudicated Father
A father, as established by the court system.
Presumed Father
A man who (1) was married to the mother of the child when the child was born, (2) was married to the mother within 300 days before the child’s birth (and may currently be divorced), or (3) lived with the child for the first two years of the child’s life continuously and publicly claims to be the father.
How Do You Establish Paternity in Texas?
A man being listed on a birth certificate or being referenced to as “daddy” by the mother is not necesarily enough to be considered a legal parent with the rights and responsibilities of the child. See below to learn the different types of legal definitions of fathers
Marry & Presumed Father
The man may marry the mother after birth and (1) live with the child for the first two years of the child’s life continuously and publicaly claims to be the fathr, (2) be updated to be listed on the birth certificate, (3) promises to support the child.
Voluntary Paternity
Both parents sign an Acknowledgment of Paternity.
This is a free document and can be requested by the birthing hospital, Vital Statistics Offices, and the Office of the Attorney General. Both parents must have a legal form of identification.
Agreed Paternity
Both parents mutually agree and sign a document acknowledging paternity and legal rights of both parents (custody, visitation, child support), and present this to a judge.
The parent can submit an agreed paternity order on their own, get help from our team as your lawyers, or by working with the Office of the Attorney General’s Child Support Division.
Court Ordered Paternity
This is needed when there is a dispute between parents as to paternity. The court will establish legal rights of both parents (custody, visitation, child support).
The primary parent can work with the Office of the Attorney General’s Child Support Division for court-ordered paternity or work with us as your lawyers.
Work with a professional law firm to protect your parental rights and support your child’s best interest.