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Understanding a paternity suit

On Behalf of | Aug 5, 2018 | Fathers' Rights |

At the Law Offices of Keith E. Holloway in Texas, we know how distressed you can become when you have children, but their mother not only refuses to let you see them, but also to admit that you are their father. Unfortunately, when it comes to parenthood, biology really is destiny, and you must be proactive in establishing your paternity.

Obviously your children’s birth mother is also their biological and therefore legal mother. However, as FindLaw explains, if you and she were not married at the time they were born, Texas law makes no presumption that you are their legal father. In fact, just the opposite. Per Texas law, your children have no legal father. Consequently, since your children’s mother refuses to recognize you as their father, you must file a paternity suit in court and ask the judge to declare you their legal father.

Paternity test

Once you file a paternity suit, the judge will require you to take a paternity test, i.e., a scientific analysis of your blood. If the results of this test confirm that your DNA and that of your children matches to the extent that you have a 99 percent likelihood of being their father, this satisfies Texas law that you are indeed your children’s biological father.

With this DNA test result as your proof of biological fatherhood, the judge will declare that you are your children’s legal father despite anything their mother may argue to the contrary. The judge also will order that the state change your children’s birth certificates to list you as their father. (S)he likewise may order that your children’s last name on their birth certificates be the same as yours.

Custody and child support issues

At the same hearing, the judge will address any and all other issues regarding your children such as the following:

  • Custody
  • Visitation
  • Support

For more information, please visit this page of our website.