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This is a continuation of the prior discussion about establishing paternity in Texas. I previously discussed presumption of paternity, but today I’ll talk about the other two ways to establish paternity: (1) acknowledgement of paternity and (2) court order of paternity.
An Acknowledgement of Paternity is for when the child’s parents are not married or if the genetic father is not the presumed father of the child. The Acknowledgement of Paternity is a form filled out and signed by the mother and man claiming paternity. The form is filed with the Texas Vital Statistics Unit and acts as an establishment of paternity.
If there is a presumed father who is not the actual genetic father, the presumed father would sign a Denial of Paternity and then the genetic father can sign the Acknowledgement of Paternity.
In situations where there is a disagreement over the genetic paternity of a child, a court order of paternity may be needed. For instance, if a presumed father won’t sign a Denial of Paternity or a believed genetic father won’t sign an Acknowledgement of Paternity a court case may be needed to establish paternity.
Typically, in such a case, the court will order all alleged fathers to undergo genetic testing. Once the genetic testing is done, the court will adjudicate the legal parent child relationship between the child and the person determined to be the genetic father.
Michael Diaz is a Divorce and Family Law attorney in McKinney, Texas.
Providing effective and efficient solutions to Divorce, Custody, and Family Law clients in McKinney, Frisco, Allen, Plano, Melissa, Princeton, Prosper, Fairview, Celina and throughout Collin County.
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