HOUSTON LAWYERS DIRECT

Paternity, in law, is the legal acknowledgment between a father and a child. In Texas, if a child is born to a married couple, the male under the law is the legal father of the child, unless an action or assertion is contrarily arrived by way of a paternity suit. Texas does not recognize a legal father, if the supposed father and mother are unmarried, until establishment of paternity by way of a legal admission or a paternity test. A Houston paternity lawyer can be an indispensable support if you are involved in a paternity suit.

A paternity test is the process in which to determine the biological father of a child, this test is usually associated with the filing of child support wherein the father denies the child is his biological child. Paternity tests are significant in a paternity lawsuit in which one party sues in order to compel the other party to submit to a DNA test to determine if the opposing party is in fact the parent of a child. It is imperative that a Houston paternity lawyer assist you in case you are party to a paternity lawsuit.

Under Texas law, any interested party may file a paternity lawsuit besides the mother. Additional interested parties may include, the alleged father, the child, an adoption agency related to the case, a government agency in respect to health or welfare benefits, or an intended parent in the case of a surrogate or gestational agreement.

The goal of the Texas courts are to protect the best interests of a child and to that end, an involved party who contests the parentage of that child may be ordered by the court to submit to a paternity test. A Houston paternity lawyer will be able to assist you in pursuing your rights under the law, however if you are ordered to submit to a paternity test, you will have to obey the court in order to avoid any possible sanctions.

The court may dismiss the case if the party that initiated the suit refuses to submit to a paternity test. The court may also dismiss the suit if the assumed parent admits to paternity or waives his rights in the lawsuit. Consulting with a Houston paternity lawyer prior to admitting or waiving your rights in such a case is in your best interest.

To determine parentage a DNA sample, (blood, tissue or body fluids), of the child is medically compared to that of the assumed parent. The test must show an accuracy rate of 99% or higher in order to be acceptable. In the case where the alleged parent is deceased, Texas law provides the court may order genetic testing of the remains of the decedent. Texas law requires all DNA testing be performed by an accredited lab.

Usually the party requesting the paternity test is responsible for paying for such testing. However, in the absence of an agreement beforehand, the court may order one party or both parties to share the cost.

For advice on how long you have to file, consulting with a Houston paternity lawyer will help to make sure you do not miss critical statute of limitations deadlines. However, in the case of there not being a legal father, there is no time limit defined for filing a paternity suit, and a child could assert his rights in a paternity case even if he is a legal adult.

Once the court establishes paternity through a paternity suit, the court can then change the legal name of the child and order an amended birth certificate if necessary. The court can also order the father to pay the expenses of the lawsuit, prenatal expenses of the mother, and child support retroactive to the birth or the commencement of the lawsuit. To protect your rights, a consultation with a Houston paternity lawyer is necessary and furthermore may save you frustration and money.

Author’s Note:

A paternity lawsuit is a sensitive matter to your child that may cause emotional scars and further alienate the child to either of you. Both parties involved in a paternity suit should try to avoid certain behavior in order to minimize the trauma on a child. Some of the things that should be avoided are:

• Avoid making the child ‘feel guilty’ about the situation

• Avoid making the child ‘take sides’

• Avoid discussing intricate details about the process or saying unpleasantries about the other parent

• Avoid interfering in your child’s natural right to love the other parent.

The battle is between you and the opposing parent, and at all costs, you should not subject the child to anything that may hinder their relationship with either you or the child’s other parent.

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Tags: attorney, child protective services, CPS, family law, houston-lawyers, paternity, resources, what to do

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  paulalevinson 2 months ago 1 point

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  DNA Findings is an AABB accredited lab located in Houston TX. We are regulated by AABB for legal testing. 713.868.1438
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