Paternity of a child may be initially determined in a Divorce or a Suit to Establish the Parent-Child Relationship, which is a custody case between unmarried parties. Below is list of frequently asked questions about paternity.
What is a presumed father?
The Texas Family Code states that the following individual are presumed to be the father of a child:
- A man who was married to the birth mother at conception;
- A man who married the birth mother after the child was born and treated the child as his, was voluntarily named on the birth certificate or asserted his paternity with the paternity registry;
- A man who filed an acknowledgment of paternity;
- A man who continually resided with the child during the first two years of the child’s life and represented to others the child was his.
If someone is a presumed father, the only way to challenge this presumption is to initiate a court proceeding wherein the court finds that someone else is the father or if the presumed father files a denial of paternity at the same time another individual acknowledges paternity.
Will genetic testing be done?
The court can order genetic testing at the request of either party so long as paternity has not been previously established by court order or an acknowledgment of paternity has not been successfully rescinded.
What happens after paternity is established?
Once paternity is established, the case proceeds as any other child custody case.