Practice
Area

Media

Austin Paternity Law Attorneys

WE MAKE YOUR CHILDREN’S CUSTODY A PRIORITY

Austin Paternity Law Attorneys

When unmarried parents in Texas have children, the children do not have legal fathers unless paternity is established. Before a child’s unmarried father can receive and enjoy his rights as a parent to custody, which is known as conservatorship, he must first establish his paternity of the child with the help of an experienced Austin Paternity Lawyer. There are a couple of ways that paternity can be established in Texas, depending on whether the parents agree or disagree.

In addition to cases involving fathers who want to establish their rights as fathers through paternity testing, mothers may also have an interest in establishing the paternity of their children. Paternity must be established before a mother can hold an absent father responsible for paying child support for the care of the children. In Austin, paternity cases may be filed by the father, the mother, or the Texas Health and Human Services Commission. Challenges to the presumption of paternity may also be brought by fathers who question that they are the fathers of the children. If you are currently embroiled in a paternity dispute or want to establish either your paternity or that of the putative father, contact an Austin paternity lawyer at Kirker Davis LLP by calling (512) 764-7302.

What is paternity?

According to data from the U.S. Census Bureau, there were 73.7 million children under the age of 18 in the U.S. in 2016. Of those children, 69 percent lived in two-parent homes. The other most common type of living arrangement was children living with single mothers at 23 percent. The Texas Legislative Council reports that there were 0.99 million single-parent households in Texas in 2014, which was an increase of 99 percent from 1990 when there were 0.5 million in the state.

An uncontested divorce is a situation in which both parties are in For unmarried parents and their children, establishing paternity is important. Mothers of the children must establish paternity in order to secure child support to help them raise their children. Fathers must establish paternity before they can seek to have possession and access rights or joint conservatorship of their children. Children who do not have their paternity established may not receive the benefit of building strong relationships with their fathers and may be likelier to live in poverty. Establishing paternity can help to address each of these different types of problems and provide benefits to all who are involved.

Establishing paternity is a legal process through which the legal relationship between an unmarried father and his children is recognized under the law. When paternity is established, the rights and obligations of the parents and the child are determined. Since these cases can be emotionally difficult and stressful, getting help from experienced family law attorneys may be important. The compassionate and knowledgeable attorneys at Kirker Davis LLP have helped many mothers and fathers to resolve their paternity disputes successfully and may be able to guide you through the process.

Voluntary establishment of paternity

IPaternity may be established in a couple of different ways in Texas. If the unmarried parents agree, they can sign a voluntary acknowledgment of the father’s paternity and file it with the state. After the paternity is established in this way, the custodial parent may seek child support, and the other parent may seek to establish their access rights.

Paternity by presumption

When a man and woman get married, the man is legally presumed to be the father of any children who are born during the marriage. Men will be presumed to be the fathers of any children who are born within 300 days of the men being married to the mothers. This means that if a divorce is finalized and a child is born 275 days later, the man will be presumed to be the father and may be required to pay child support.

DNA testing to establish paternity

The mother, putative father, or the Texas HHSC can file petitions to establish the paternity of a child. Mothers may need to do this if the father does not agree to voluntarily acknowledge their paternity so that they can get child support for their children. A father who want to develop relationships with his children and to enjoy his rights as a parent may also want to bring paternity actions if the mother will not agree to voluntary acknowledgments or deny that they are the father. A mother might also file paternity petitions when they are uncertain of who the father might be. Finally, the Texas HHSC may file paternity petitions to secure DNA testing of putative fathers when the mother has filed applications for state benefits such as TANF in order to secure child support.

When the petitions are filed, the courts may issue orders for DNA testing of the children and the father. The father will need to report to have their DNA tested, and the mother will have to take the children to also be tested. DNA testing is painless and involves the scraping of skin cells from the inside of the cheeks of the putative father and the children. The swabs are then sent to a laboratory for DNA analysis, and the results are returned. If they establish a father-child biological relationship, the courts may then issue paternity orders that establish the father’s paternity. The mother may then seek child support, and the father may seek conservatorship or possession and access.

Challenges to the presumption of paternity

In 2011, Texas Senate Bill 785 was passed by the state legislature and was signed into law. This bill amended the Texas Family Code to allow fathers who were presumed to be the fathers of children or who signed voluntary acknowledgments of paternity to challenge their paternity if they later learn information that leads them to doubt that they are the fathers and were misled into accepting paternity.

Contact an experienced Austin paternity lawyer

Establishing paternity is important for mothers, children, and fathers. Challenging the presumption of paternity is also important for presumed fathers who learn that they were misled about their fatherhood. If you are currently going through a paternity dispute and want to determine your rights and obligations, getting help from an experienced Austin paternity lawyer at Kirker Davis LLP might help you to reach a successful resolution. Call us today at 512-746-7304 to request a confidential consultation.

Contact an Austin Divorce Attorney

Dissolving a marriage is never easy, but it can be much more manageable with experienced legal counsel. It is important to seek an attorney who knows the ins and outs of family law in Texas. If you are considering divorce or annulment, contact the Austin Divorce Lawyers of Kirker Davis LLP at (512) 746-1746 for a free consultation today.

Request Consultation

Empowering Clients.

Achieving Results. ®

TESTIMONIALS

  • "The divorce process is not an easy one, but I always felt fully supported, informed, and guided by Chris and the staff. Chris always laid out the options, made me aware of the risks, and provided me with recommendations, but he also gave me the flexibility to work out things with my ex where I could, to speed up the process and avoid some legal expenses. I highly recommend Chris for family law representation. ”

    David - Divorce Representation

  • "I’m a lawyer myself and Holly helped me with my recent divorce. She did an amazing job. She covered all the little issues that would have collectively cost me a bunch of money in the long run if she had not been so detail-oriented and focused. She is a tenacious advocate for her clients who aims to resolve matters amicably but will fight tooth-and-nail for her clients if that is what it takes to reach a...”

    Anonymous - Holly is the lawyer who lawyers hire for their own divorces

  • "Chris handled my case professionally, efficiently, and demonstrated a very strong knowledge of family law. Chris took the time to learn and understand all aspects of my situation and used that knowledge to develop a focused strategy that led to a successful outcome. I highly recommend Chris. ”

    Martin - Excellent Lawyer

  • "They were so amazing to work with, second to none in responsiveness and work ethic. I would recommend her work to anyone looking for family law, and could not be happier with my decision to work with them. Just a great group of people who are knowledgeable and passionate about the work they do. ”

    Josh Campbell - Family Law

  • "This was as good an experience as you can possibly have with a divorce situation! They were professional yet compassionate. They treated me with great respect and were always available to answer my questions. The best part is they always had my best interest at heart. I would highly recommend Kirker Davis. They are the best! ”

    Susan M. - A divorce situation

  • "This was my first time ever working with lawyers and words cannot express how grateful I am. I needed direction during a difficult time and she provided step by step service. Would highly recommend! ”

    Erik J - Highly recommended

  • "I praise Attorney Alyse Donnelly for all the hard work and hours she put in my divorce case. I believe that her experience, knowledge, and quick thinking resulted in beneficial results on my behalf. ”

    Bertha S - My divorce case

  • "My experience with Kirker Davis has been amazing. She and her team respond within minutes or hours to even the most mundane requests. From the moment I walked in the office, I was greeted with an exceptional level of service, and even the receptionist inspires class and confidence. I wholeheartedly recommend this firm. ”

    Daniel - Custody case

  • "My ongoing experiences throughout our working together, made me feel like they were genuinely concerned about me and my integrity. Fantastic results! ”

    Edward - Fantastic results

Austin Family Attorneys

Is Divorce Imminent

Download “The 4 Steps In Every Divorce” eBook so you can be better prepared

Download Now

Austin Family Attorneys

Request Consultation

A strategic step towards resolution

Submit a Request
  • Austin Office