McLean & Associates L.L.C.

Protecting Fathers' Parental Rights

In Texas, a child born to an unwed mother does not have a legal father until paternity is established. There are two ways for parents to legally establish paternity for a child born out of wedlock.

Voluntary Acknowledgment of Paternity (AOP): When both parents agree on paternity, they can complete an acknowledgment of paternity form (AOP). Once the AOP is signed, the father's name can be added to the child's birth certificate, granting both parents legally enforceable rights to child support, custody, and visitation. However, if one parent refuses to acknowledge paternity through the AOP form, a lawsuit must be filed in family court to determine paternity. In such cases, the court will order a DNA test to establish paternity conclusively.
Presumption of Paternity in Marriage: When a child is born to a married woman or shortly after a divorce, the law presumes that her husband is the legal father of the child. However, certain circumstances may arise where the husband is not the biological father, requiring steps to challenge this presumption. Husbands (or recently divorced husbands) can voluntarily sign a denial of paternity, or either the mother or the biological father can initiate a lawsuit in family court to establish the true paternity of the child.

McLean & Associates L.L.C.

Formerly Shriver & McLean L.L.P.

Paternity

Protecting Fathers' Parental Rights

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