Paula Lock Smyth Law Offices
“Train up a child in
the way he should go
and when he is old,
he will not depart
from it.”
Proverbs 22:6

April 2016 Archives

Get help asserting father's rights in Texas

There is a presumption that a child born to a married couple in Texas must be the father's biological child. However, if a child is born out of wedlock, it may be necessary for the father to prove he is the biological father either through formally and lawfully acknowledging paternity or undergoing a DNA test. This is important because it allows the father to seek visitation or custody of the child. In addition, establishing who the child's biological father is may make that father responsible for child support. Either way, establishing paternity is often the first step unmarried fathers take to assert their legal rights over their child.

What if there is mistaken paternity in Texas?

There are situations in Texas when parents might have been under the impression that one particular man was the biological father of the child when he was, in fact, not. A man who thinks he is not the biological father of a child when he was previously ordered to pay child support may seek to have the order rescinded if it is shown that he is not the child's biological father. A paternity test must be taken for this to happen. In addition, it is important to understand that even if the man who had been paying child support is found not to be the child's biological father, back child support that is owed is still his responsibility.