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In what situations is a man considered a presumed father?

Not all male-female relationships have clearly defined commitments. And sometimes a man and woman's intimate relationship may lead to the birth of a child out of wedlock. In such situations, it is possible that the question of paternity may become an issue.

In Texas, a man formally recognized as the father of the child is known as the "presumed father." There are certain criteria that can establish a man as a presumed father, which include:

  • If the man continuously resided in the same household as the child for the two years following his or her birth and he represented himself as the child's father to others.
  • If the man had been married to the child's mother and the birth of the child took place no more 300 days past the termination date of the marriage.
  • If the man and the child's mother are married and were married at the time of the child's birth.

So long as one of these conditions exist, a man will be considered a presumed father. However, it is possible that a man's status as a father could be rebutted based on the evidence presented at a judicial proceeding.

The rebuttal of a man's paternity status can have a profound impact on the lives of the man, the mother and the child. It could affect the financial duty that the man owes the child. It could also alter a man's parenting rights.

If you are a man who has found himself in a paternity dispute, you likely want the matter resolved as quickly as possible. A Texas paternity lawyer may be able to offer you assistance. Whether you are trying to extricate yourself from financial responsibility for the child, or you seek to establish or maintain a relationship with the child, the attorney could look at your circumstances and work to get you your best possible outcome.

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