There are many children that are conceived or born when both parents are not born. In this situation, the father does not have paternity rights, which means the father does not have the rights and responsibilities of a parent. Either the mother or father can take legal steps to have the paternity of the child declared.
A third party can step in if either parent does not seek paternity declaration. Declaration of paternity not only gives the father specific custodial rights but also financial responsibilities over the child.
What Is A Declaration Of Paternity
Establishing Paternity Out Of court
The most accessible route to establishing paternity is for both parents to sign an affidavit stating that they are the child’s parents. Both parents can sign the affidavit at the hospital soon after the child is born or at the public health unit in their locality.
Another option is to sign an affidavit either at the Department of Children and Families Office or the Child Support Enforcement Office. Filing an affidavit with the Department of Vital Statistics and other state offices can also help protect your rights.
The affidavit in this situation is called an “Acknowledgement of Paternity” form.
Establishing Paternity In Court
The court can help you establish paternity, but the process is more complicated than the parents just signing an affidavit. The alleged father or non-custodial parent is required to sign certain documents that establish paternity. The court will consider these legal documents when issuing a final order.
Depending on the circumstances of your case, the court may hold a hearing and use the evidence provided to declare paternity. Most of the time courts rely on the DNA results to decide a paternity case.
Why You Need To Establish Paternity?
Even in situations where a child is conceived and born when the parents are married, there may be a need to establish paternity. Children enjoy certain rights and benefits when their parents establish paternity. Establishing paternity help identify the biological parents of the child.
This can help them identify any inherited health conditions and deal with them before they become major issues. The child also benefits from the medical insurance carried by both parents, and gets financial support from both parents.
Parents that establish paternity gain legal rights such as the ability to seek a court order for child support, child custody, or visitation. A court order for child support also comes with the possibility of the court enforcing the order in case the other parent violates the order. You also gain the ability to participate in making decisions regarding the child.
How To Establish Paternity In Texas
What Are The Rights Of The Father?
After establishing paternity through the court or by signing an affidavit, the father becomes responsible for the child’s financial and medical support. If the parents are not married, the father will be required to pay child support and to carry medical insurance for the child. The child support payment amount will be determined using guidelines set by state law.
There is a statute of limitation for establishing paternity. You can consult an experienced divorce lawyer to help you navigate the paternity declaration process.