For example, if a child is born while the alleged father and the mother are married, or born within 300 days of their divorce, the man will be presumed under the law as the child’s father. We use cookies to make wikiHow great. If … Most paternity test results are available with-in 4-6 weeks after a swab. Often, this simply means both parents signing and filing an acknowledgment of paternity with the appropriate state agency or court, either at the time of the child's birth or afterward. By using our site, you agree to our. This protects all parties involved including: the child, the mother, and the father. However, when parents split up, they must establish paternity to secure certain legal rights such as custody, child support, and benefits. Married couples do not need to take additional legal steps to establish paternity. You have 60 days from signing the Declaration of Paternity to file this form. Home Within 60 days after completing the AOP you must fill this form out or if there is a court hearing pending you must do so before the court hearing even if it is sooner than 60 days after your having signed the AOP. Complete the forms. How to Establish Paternity in Texas. [1] X Research source A certified entity is one approved by the state of Texas to provide pater… Technically, you can complete service by having anyone over the age of 18 who is uninvolved with your case take the documents to those who need copies. How Long Does It Take To Get A Divorce? This happens when the mother doesn’t really know who the father of the child is, or if either of the two refuses to sign the Acknowledgement document voluntarily. The report must include the name and photo of each person tested, the name of each person who collected the specimens tested, and the date and location where those specimens were collected. The court will need to establish paternity before they will issue any orders concerning the relationship between the child and their father, especially a child support order. The information may be typed or written into the form using blue or black ink. If the mother is married but does not list her husband's name on the child's birth certificate, paternity must be addressed in court. Read on to find out your options under the law. How does a paternity test work? In order to get a court order, you must file a paternity petition with the court. This article was written by Jennifer Mueller, JD. The most basic aspects of the law can sometimes be the most complicated and confusing. This article was written by Jennifer Mueller, JD. Court clerks can explain what various information is required, but they won't be able to advise you on how you should answer the questions on the form or what information you should use. There are three ways to establish paternity in Texas: by presumption, by voluntary acknowledgement, or by court order. This is an old Texas common law rule that the father has a protectable interest in the child bearing his surname. Normally, once paternity is ascertained by presumption, … You may also ask to have your surname on the child, and that request will most likely be granted by the court. Regardless of whether the couple ever marries, a man is considered the presumed father of the child if he actively participates in the parenting of the child. If the presumed father cannot be present at the child's birth, the form can be completed and signed after the child is born by following the instructions to establish paternity by voluntary acknowledgement. Learn more about establishing paternity by clicking a topic below. Once filed, an acknowledgement of paternity form has the same effect as a court order establishing paternity. My soon to be ex husband is having a paternity test done with "the other girl" that is pregnant. If anyone has received public benefits on behalf of the child, you must serve the Attorney General's Office. Before you go to the courthouse, make copies of all the documents you plan to file – one set of copies for your own records and one for each party you need to have served with the documents. One of the first steps in dealing with any type of child custody or child support case in the family court system is to establish the child’s paternity. Tex. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. The website has a referral service that will find potential attorneys in your area based on your answers to a few questions. When a baby is born to parents who are not married to each other, the law does NOT recognize the biological father as a legal parent. It can also offer children the benefits they deserve. Jennifer Mueller is an in-house legal expert at wikiHow. Our daughter was born first week of April. You may also ask to have your surname on the child, and that request will most likely be granted by the court. You also can look for family law attorneys on the Texas Bar Association's website at www.TexasBar.com. If the presumed father is not the genetic father of the child, he can challenge the presumption in court. For example, Texas paternity laws can help secure child support from the father. Thanks to all authors for creating a page that has been read 9,421 times. Then sign it and put your name and contact information at the bottom. In Texas, paternity must be established by the father to create this legal tie if the parents are unmarried. There are three ways to … Establishing paternity (legal fatherhood) is an important process that can make a significant difference in the life of a child. Your local legal services office may be able to help you with a paternity case. You also may be able to get help from the Texas Attorney General's Office, which assists with some paternity cases. If this happens, the state (through the Department of Revenue) is required to go after the father for child support. In legal terms, “paternity” is defined as “fatherhood,” and “establishing paternity” means legally determining the child’s legal father so that individual can take on the responsibilities, rights, and obligations of being that child’s parent. If you have any questions about completing the form, you can ask someone at your nearest Texas Legal Services Center for help. I am also pregnant with his child, and plan to have a paternity test done too. If the presumed father won't complete the denial of paternity section, you will have to file for a court order to establish paternity and complete genetic testing. Turn in your completed … If a child is not yours, paternity creates an unfair, burdensome obligation to pay child support. 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