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Fathers' Rights Archives

An unbiased, experienced advocate for fathers' rights

Fathers in Dallas County should take heart in the fact that Texas statutes do not discriminate on the basis of a parent's gender with regard to the issues of child custody and visitation. Still, it is an unfortunate fact that some people presume that mothers are more suitable custodial parents than fathers. Although in some individual cases a particular mother may be more suited than a particular father for physical custody, it is simply untrue that mothers are always more suitable custodial parents than fathers.

Ways to establish paternity in Texas

The most basic aspects of the law can sometimes be the most complicated and confusing. Such is the case with the establishment of paternity in Texas. It is important to establish paternity for a multitude of reasons, not the least of which the best interests of the child, and the parents knowing who the biological father is. It is also important for providing support to the child and with any other aspect of the child's growth.

Establishing paternity to facilitate adoption

Last week's blog discussed how unmarried fathers in Texas can assert their rights with regards to their children. As mentioned previously, there are various ways to establish paternity and the benefits include the ability to visit or share custody of children. One of the biggest parental benefit that comes with establishing paternity is the right to object or consent to adoption of the child.

How can paternity be established in Texas?

There are certain legal rights and obligations that arise from having children that married couples in Texas take for granted, the most common being the existence of father's rights over his child. However, it is not the same for unmarried couples -- fathers have to establish their paternity in Texas. Father's rights can be established by either signing the Acknowledgment of Paternity (AOP) or by petitioning the court.

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.

Understanding issues of paternity in Texas

For parents in Texas, the notion of paternity might seem like it simply refers to a child's father, but there is more to it than that. Understanding this can provide protections and rights to the father as well as paternity leave and shared parenting. Obviously, paternity refers to fatherhood. If, however, the couple is not married at the time of the child's birth, the male who is said to be the father is not automatically viewed as such.

Importance of establishing paternity to enforce fathers' rights

When a child is born to a married couple in Texas, the couple is legally considered the parents of the child -- the husband is legally considered the father of the child unless a court has determined he is not the father. But what happens when the couple is not married, as is the case more and more frequently, or a mother is unsure of who the father is? In these cases, paternity has to be established.

Commitment to enforcing fathers' rights

When a couple decides to end their marriage in Texas, they are only intending to end their legal relationship with one another, not with their children. However, this often does not end up happening -- even though there is no discrimination on the basis of gender in custody agreements in Texas, mothers are sometimes deemed more suitable for custody in more conservative societies. This means fathers may end up spending less time with their children, often at the crucial time when children need their father the most.

Texas considering custody law for shared parenting

In an ideal world, once a couple is married they remain together for the rest of their lives and raise their children together, supporting one another emotionally and financially. However, Dallas families are well aware that the reality is much different. Oftentimes, marriages come to an end for various reasons and couples with children have to come up with a way to raise their children without being together.