In order to protect your rights during a custody battle, you’ll first need to establish that you are the biological and/or legal father of your children. Divorce law in Texas states that both the father and mother of the child have the right to request custody over their children, so it’s important that you contact a McKinney paternity lawyer if your paternity is in doubt. Lucé Law, PC, can help you prove that you are the father of your children so that you can get the visitation or custody to which you are entitled.
Paternity Laws in Texas
If you were married to your child’s mother at the time the child was born, you don’t have to worry; Texas law says you are presumed to be the father of the children unless a paternity test proves otherwise. However, if you were not married to the mother, paternity testing is mandatory to establish paternity.
Both fathers and mothers are interested in establishing the paternity of the father during a divorce. The biological father of a child has both legal rights and responsibilities, including:
- The right to seek joint or sole custody of the child
- The right to visit the child on a regular basis.
- The responsibility to pay child support.
By establishing paternity, fathers can prove that they are entitled to a relationship with the child and mothers can prove that they have the right to demand child support.
How Paternity is Established
In most cases, fathers who were not wed to the mother at the time of birth can prove paternity using a simple blood test. Lab technicians compare the father’s DNA to the child’s DNA to determine whether he is the father. If DNA test results match, paternity is established.
Adoptive fathers don’t have to worry about paternity tests because the adoption paperwork states that the father is considered the child’s legal guardian.
If you need to establish paternity due to a divorce or child custody issue, don’t wait. Let us help. Please call Lucé Law, PC at 972-632-1300 today to schedule a consultation.