acknowledgment of paternity

Mar
27

Texas Fathers Rights to Establish Paternity of Children Born Out of Wedlock

In the State of Texas there is one birth statistic that continues to rise: The Birth of Out of Wedlock Children! With dropping marriage rates and increasing non-married couples living together, the percentage of children being born out of wedlock is growing yearly. The Texas Out of Wedlock Childbirth rate of 2019 stands at 41.4%. How are the fathers of these children treated? Does a father have any rights to their children? In most states, the mother of a child has 100% of the custody rights until the paternity of the father is legally established.  How does a Texas father legally establish paternity when the mother of their child refuses to allow him to sign the birth certificate and tells him that he will never have any type of communication or relationship with his child?

What are a father’s rights in the State of Texas? 
Any and every right a parent may have is available to a father who seeks them.


How does the father file for paternity of the child in Texas?

1. Paternity Registry (Family Code 160.401-2)

The Texas Paternity Registry was created in 1997 to aid men (potential fathers) who desired to be notified of a proceeding for the adoption of or the termination of parental rights regarding a child that he may have fathered. They may register with the Registry of Paternity. The purpose of the Registry of Paternity is to “protect the parental rights of fathers who affirmatively assume responsibility for their children by registering or acknowledging their children (FC Chapter160, Subchapter E). To sign up with the Registry, the father or suspected father must file a Notice of Intent to Claim Paternity before a child is born or within 31 days of the child’s birth. (see form) https://www.dshs.texas.gov/vs/field/docs/vs130(2).pdf 

Many men use this Registry when a Father and Mother do not have a continuing relationship and the man is not listed as the presumed father on the birth certificate or Acknowledgement of Paternity. 
Other Examples: 

  • Man and woman have a consensual sexual relationship for a brief time and no further contact. Man wants to make sure that if woman becomes pregnant and has a child, he wishes to assert his paternity
  • Man and woman do no agree he is the father of the child. Man wishes to assert paternity.
  • More than one man claims to be the father of the child. Each man would complete a separate Notice of Intent to Claim Paternity. 
  • Mother refuses to complete and sign the Acknowledgment of Paternity form. 

The notice of Intent Claim Paternity form will not legally establish paternity nor be used to add a man’s name to the child’s birth certificate. 


2. Alternate Means to Establish Paternity (Family Code 160.301-2 and 160.402, 160.601)

The mother of a child and a man claiming to be the biological father of the child may sign an acknowledgment of paternity with the intent to establish the man’s paternity.  
An acknowledgment of the paternity must:

  • Be in a record
  • Be signed or otherwise authenticated by the mother and the man seeking to establish paternity
  • State that the child whose paternity is being acknowledged:
    1. Does not have a presumed father or has a presumed father whose full name is stated
    2. Does not have another acknowledged or adjudicated father
  • State whether there has been genetic testing and that the acknowledging man’s claim of paternity is consistent with the results of the testing
  • State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of the paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after 4 year.

A man is entitled to notice of a proceeding regardless of whether he registers with the registry of paternity if:

  • A father-child relationship between the man and the child has been established under this chapter or another law.
  • The man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.

The parentage of a child may be adjudicated in a civil proceeding by voluntary legitimation.

A Father should be proactive and enforce his rights promptly to enhance his probability of fair and equal treatment that is binding under the law!

Nacol Law Firm P.C
Walnut Glen Building
4188 Walnut Hill Lane #1190
Dallas, Texas 75231
tel: (972) 690-3333
 

By Nacol Law Firm | Paternity
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Paternity Defined – Texas Family Code

Under the Texas Family Code (Tex. Fam. Code) a “Parent” is defined as the mother, a man presumed to be the father, a man legally determined to be the father, a man who has been adjudicated to be the father by a court of competent jurisdiction, a man who acknowledged his paternity under applicable law, or an adoptive mother or father. 

The father-child relationship is established between a man and a child by:

  1. an unrebutted presumption of the man’s paternity of the child under Section 160.204;
  2. an effective acknowledgment of paternity by the man under Subchapter D, unless the acknowledgment has been rescinded or successfully challenged;
  3. an adjudication of the man’s paternity;
  4. the adoption of the child by the man; or
  5. the man’s consenting to assisted reproduction by his wife under Subchapter H, which resulted in the birth of a child.

Tex. Fam. Code Sec. 160, otherwise known as the Uniform Parentage Act, states that a man is presumed to be the father of a child if:

  1. he is married to the mother of the child and the child is born during the marriage;
  2. he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
  3. he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
  4. he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
    a)     the assertion is in a record filed with the bureau of vital statistics;
    b)    he is voluntarily named as the child’s father; or
    c)     he promised in a record to support the child as his own; or
  5. during the first two years of the child’s life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.

A presumption of paternity established under this section may be rebutted only by:

  1. an adjudication under Subchapter G; or
  2. the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity.

A presumed father of a child may sign a denial of paternity.  However, the denial is valid only if:

  1. an acknowledgment of paternity signed or otherwise authenticated by another man is filed under Section 160.305 of the Texas Family Code;
  2. the denial is in a record and is signed or otherwise authenticated under penalty of perjury; and
  3. the presumed father has not previously:
    a)     acknowledged paternity of the child, unless the previous acknowledgment has been rescinded under Section 160.307 of the Texas Family Code or successfully challenged under Section 160.308 of the Texas Family Code; or
    b)    been adjudicated to be the father of the child.

The rules for adjudication of paternity are as follows: 

  1. The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
  2. Unless the results of genetic testing are admitted to rebut other results of genetic testing, the man identified as the father of a child under section 160.505 shall be adjudicated as being the father of the child. 
  3. Unless the results of genetic testing are admitted to rebut other results of genetic testing, the a man excluded as the father of a child by genetic testing shall be adjudicated as not being the father of the child. 
  4. If the court finds that genetic testing under Section 160.505 does not identify or exclude a man as the father of a child, the court may not dismiss the proceeding.  In that event, the results of genetic testing and other evidence are admissible to adjudicate the issue of paternity.

Under Tex. Fam. Code Sec. 160.608, if there is an established relationship between the presumed father and the child, the court may deny genetic testing and adjudicate the presumed father as the father of the child. 

In In re Shockley, 123 S.W.3d 642, 652-53 (Tex. App.–El Paso 2003, no pet.) the court ruled a mother was equitably estopped from litigating a child’s parentage due to the fact that she refused to consent to DNA testing in prior years and brought suit for parentage more than four years after the birth of a child to question the parentage of the father.  The mother then consented to DNA testing that showed another man to be the father of the child, but the court refused to recognize the DNA tests and her claim was barred.

By Nacol Law Firm | Paternity
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Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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