Frisco Family Law Lawyer Explains About Paternity
Most people are aware that the term “paternity” means identification of a child’s father. However, often people think that paternity is something that is automatic when one becomes a father. Actually, there are two ways to determine the paternity of a child, if the mother and father of the child are not married at the time the child is born:
1) sign and file an acknowledgment of paternity, or
2) entering paternity court orders.
A Frisco family law lawyer can help you with this.
Acknowledging Paternity
If a man does want to claim that he is the father of a child, he can execute an “acknowledgment of paternity.” This states that he is the legal father and is often done shortly after the baby is born, offered by staff at the hospital. Once both parents sign this document, it is then sent by hospital staff to the Bureau of Vital Statistics in Austin, Texas. It is then filed in the proper birth and death records for the State of Texas.
Court Ordered Paternity
The mother or father of a child may set the legal wheels in motion and file suit asking that the court recognize a man as the father of a child. If this is an action brought about by a man, it is going to be assumed by the judge that this man is the father of the child, unless this is challenged by the mother, and DNA testing is requested to be sure. On the other hand, if the mother is the person filing the suit, the man has two choices: Acknowledge that he is the father of the child, or request DNA testing to be certain.
In the past, paternity could only be determined based on blood tests of the parents and child. Over the years, science has come a long way, and DNA testing of today takes the place of regular blood typing tests. This leaves little doubt as to whether or not a man is in fact the father of a child.
If either parent has requested DNA testing, this will be ordered by the court, and both parties as well as the child will be required to supply a blood sample, as well as photo ID, when they appear at the testing agency office. Once the testing has been done, there will be a file sent to the court. DNA testing is so accurate that a determination will be made, either that the man is or is not the father of the child, with no doubt.
Should DNA tests prove that the man is not the father of the child in question, than there is no longer a paternity suit, and the judge in the case is going to dismiss it. If the father still maintains that he is in fact the father of the child, then he will be required to pay child support, and requested visitation will also be ordered. In the case of a divorce after having a child, it is important to get the help of a Frisco divorce attorney.
What Is Retroactive Child Support?
There is no specified time-frame in Texas when such a lawsuit can be filed. And it is also possible that retroactive child support may be re-assessed, and it can go back as far as when the child was first born. If you think you are making payments that you do not need to be making, a Frisco divorce attorney can help you make sense of everything.
There are occasions where a mother will not bother to seek child support for many years, but when she finally does decide, if she has not been getting it for many years, the amount that could be owed may be far too much for the man to be able to afford all at once. Because this can get so expensive, the Family Code only allows retroactive child support to go back four years, in most cases.
In some instances, the mother of a child may elect not to seek paternity orders for many years. In recognition, the Family Code includes a presumption that retroactive child support orders reach back no more than 4 years.
Conclusion
A man who is a parent is obliged to take care of that child, at least financially. But if the man is paying child support, he is also entitled to visit his child and make certain decisions when it comes to the child’s well-being.
If you need assistance with a legal issue, a Frisco family law lawyer can assist you. Contact us for a free consultation today.
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