Paternity Attorney in Dallas, Texas
If you’re seeking clarity on paternity issues in Dallas, look no further than Balekian Hayes, PLLC. Our experienced family law attorneys, led by managing partner Kris Balekian Hayes and partner John Withers Jr., routinely assist individuals and families in finding solutions to paternity-related legal challenges. Kris is dual board-certified in Family Law and Child Welfare by the Texas Board of Legal Specialization, bringing over 15 years of litigation experience to every case. John, also board-certified in Family Law, adds valuable insight from his background in criminal law as a former assistant district attorney. With a commitment to providing innovative counsel, personalized attention, and comprehensive services, we pride ourselves on delivering thoughtful and effective legal solutions tailored to meet your unique needs. Call us today or complete our contact form to schedule a consultation with one of our skilled paternity attorneys.
What Is Paternity?
Paternity refers to the legal recognition of a man as the father of a child. This recognition establishes the father’s rights and obligations towards the child, including child support, custody, and access rights (visitation or parenting time). Paternity also has implications for the child’s rights, including those governing inheritance and access to their family medical history.
Under Texas law, based on information from the Texas Attorney General’s Office, “father” is defined in these ways:
- Presumed Father: In Texas, a man is a child’s “presumed father” if he is married to the mother at the time of the child’s birth or the child is born within 300 days after the marriage ends. Additionally, a man is a child’s presumed father if he continuously lived with the child during the first two years of the child’s life and represented to others that the child was his.
- Alleged Father: An “alleged father” is a man who claims to be a child’s biological father but who has not yet legally established paternity. This term often comes up in paternity disputes or cases where a paternity action is necessary to establish legal rights and responsibilities.
- Biological Father: This term refers to the man whose genetic material helped to create a child. The courts often use DNA testing to establish a man as a child’s biological father. However, being the biological father does not automatically confer legal rights and responsibilities; these must be legally established.
- Legal Father: The “legal father” of a child is the man recognized by law as having all the rights and responsibilities of parenthood, regardless of whether he is the biological father. This legal status is established through a voluntary Acknowledgement of Paternity, court judgment, or by being the presumed father as defined above.
Understanding these distinctions is crucial for anyone dealing with paternity issues in Texas, as each term carries specific legal implications affecting the father’s and child’s rights. If you have questions about these terms or what they mean, contact a paternity attorney for legal assistance.
How Long Does a Father Have to Establish Paternity?
In Texas, there is no time limit for fathers to establish paternity. This means a father can seek to establish a legal relationship with his child at any point, whether the child is still a minor or has already reached adulthood. However, when it comes to the financial aspects of paternity, such as child support, there are specific rules regarding retroactive payments.
The Texas Family Code guides courts on the limits of ordering retroactive child support. This includes considering the father’s financial resources during the relevant time period and other factors, such as:
- Notification Attempts: Whether the mother of the child had previously attempted to notify the father about his paternity or probable paternity.
- Father’s Knowledge: Whether the father was aware or should have been aware of his paternity.
- Financial Hardship: Whether ordering retroactive child support would cause undue financial hardship on the father or his family.
- Support Provided: Whether the father has provided any support or before the mother initiated legal action.
State law generally limits retroactive child support to the amount that would have been due for the four years preceding the date the mother filed the petition for support. The child’s mother may challenge this presumption if evidence shows that the father knew or should have known about his paternity and actively avoided establishing a support obligation.
Furthermore, Texas courts retain jurisdiction to order retroactive child support up until the fourth anniversary of the child’s 18th birthday, providing a clear timeframe within which mothers must file claims for retroactive support. This framework aims to balance the interests of the child with the circumstances of the father.
How to Get a Paternity Test
Texas courts do not accept over-the-counter paternity tests as valid evidence in these cases. Furthermore, you do not necessarily need a genetic test for a paternity determination. According to the Texas Attorney General’s Office, there are three ways for fathers or mothers to establish paternity:
Acknowledgment of Paternity (AOP)
An Acknowledgment of Paternity is a voluntary form that both parents can sign to legally establish the paternity of a child. Parents typically complete this form at the hospital when the child is born, but they can complete it later at a local vital records office. Once signed and filed with the Texas Vital Statistics Unit, the AOP serves as a legal recognition of paternity without the need to go to court.
Court Order
In situations where an AOP is not appropriate or there’s a question about paternity, either parent can seek a court order. A judge may order genetic testing and, based on the results and other relevant information presented in court, issue an order establishing paternity. This is the most definitive method when there are complex legal disputes or other factors that prevent an administrative resolution.
Agreed Paternity Order
If a child’s parents agree who the father is and have not signed an AOP, they can take a prepared order to the courts to establish paternity. This proposed order must address issues like child custody, child support, medical support, and visitation. Parents can draft this order on their own, work with a local child support office, or get help from a private attorney. If the judge is satisfied with the order, they’ll sign it, establishing the father’s legal rights and responsibilities.
Contact a Dallas Paternity Lawyer Today
Whether you’re a father seeking to establish your parental rights or a mother looking to get the support you need for your child, Balekian Hayes, PLLC can help. Our Dallas paternity attorneys can handle the necessary paperwork, represent you in any court hearings, and take care of any other legal procedures in your case. Call us today or reach out online for a consultation.