Texas law recognizes the presumption of paternity, giving a presumed father the same rights and responsibilities as a biological parent. Under the Texas Family Code, specific criteria must be met to establish the presumption of paternity. While a presumed father can seek custody and visitation rights, it does come with certain financial obligations, such as paying child support.
If you believe that you are the biological father, you deserve to have access to your child. At Cook Law, we are committed to assisting parents who wish to play an active role in their child’s life. Our San Antonio fathers’ rights attorney provides guidance on the criteria for establishing paternity as a presumed father, as well as the benefits of doing so.
Best Interests of the Child Standard in Determining Custody
Generally, the court believes that both parents should remain active in a child’s life. Unless an extenuating circumstance exists, even if one parent is awarded primary custody, the other parent will be given equal parenting time.
Texas courts rely on the best interests of the child standard in making custody decisions. Some of the factors that the court examines include:
- The existing relationship between each parent and child
- If either parent or a family member has any history of physical or emotional abuse
- The child’s age and physical and emotional vulnerabilities
- If either parent or a family member has a history of alcohol and/or drug abuse
- Each parent’s physical and mental health
- The child’s preferences if the child is at least 12 years of age
Criteria for Presumption of Paternity in San Antonio, TX
Under Texas Family Code §160.204, a man is presumed to be the father of a child if the following can be established:
- The child was born while the man was married to the child’s mother
- If the child was born before the 301^st^ day that the marriage is terminated by death or divorce
- The man married the mother before the birth of the child and voluntarily asserted paternity (even if the marriage is declared invalid or could be invalid)
- If the man lived with the child during their first two years of the child’s life and presented himself as the child’s father
Rights of a Presumed Father in San Antonio, TX
A paternal father has the same rights as a biological father. This includes the right to seek custody and/or visitation rights. While you may not be awarded joint custody, the court may grant supervised or unsupervised visitation. Supervised visitation allows a noncustodial parent to visit their child while monitored by a third party. The third party may be the child’s other parent.
Keep in mind that custody involves more than just possession and access; it also involves how major decisions will be handled. Known as conservatorship in Texas, it stipulates how major decisions regarding a child’s health, education, and religious upbringing will be made.
Additionally, you may be held responsible for paying child support. However, you can contest this arrangement in court if you believe that you have been mistakenly identified as the father. If you are unsure of your legal obligations as the acknowledged father, you must speak with a family law attorney as soon as possible.
DNA Testing & Benefits of Confirming Paternity
If your paternity is being disputed or if there are doubts about your biological connection to the child, then you may want to consider DNA testing. DNA testing involves swabbing the child’s, mother’s, and potential father’s cheeks. The samples are sent to a lab, which compares genetic markers to establish paternity. DNA testing is 99% accurate, with results being available within four to six weeks.
If the genetic markers match, paternity will be established. Confirming paternity comes with many benefits, some of which include:
- Having legally added your name to the child’s birth certificate
- Naming your child as a beneficiary on accounts
- Carrying your child on your health insurance
- The court awarding custody and/or visitation rights
- The court determines your financial support obligations
- Your child knows their complete family medical history, allowing them to make wiser medical decisions.
Our Father’s Rights Lawyer is Here to Help
If your paternity has been contested or if the paternity of a child has been assumed, you may feel emotionally drained. Although Texas law does recognize the concept of a presumed father, it can often be in the child’s best interest to confirm paternity. If you are dealing with these complex issues, our San Antonio fathers’ rights attorney at Cook Law is available to explain your rights. To schedule a consultation with an attorney, contact us online or call (210) 740-0281.