Benbrook Father’s Rights Attorney
Are you a man who shares a child with a woman but is not married to her? Or perhaps you’re a man who recently divorced, yet still shares a child with your ex-wife. Whatever your situation, having experienced Benbrook father’s rights lawyers by your side can greatly benefit you in exercising your parental rights.
In Texas, unmarried fathers do not receive automatic legal rights as parents, unlike the child’s mother. Consequently, they may find it challenging to fully exercise their parental rights and contribute to their child’s upbringing without the mother’s consent. This issue can be resolved by establishing paternity, a process that the court can order upon petition by the father at any time. However, it often involves a lengthy legal battle, especially if the child’s mother continues to deny the father’s rights or refuses to acknowledge them. Similarly, divorced fathers may encounter resistance, and legal proceedings are often necessary to rectify this situation.
Davis and Associates, Attorneys at Law has a great team of lawyers who can help you deal with the legal proceedings that would establish or terminate your paternity. Our legal team will handle your case carefully to ensure that your relationship with the child is not completely affected and that you transition well into your new relationship.
Call Davis and Associates, Attorneys at Law at (817) 631-8492 for your Free Consultation with a Father’s Rights attorney.
Importance of Establishing Paternity
As mentioned above, unmarried fathers who have a child cannot easily enjoy their rights as parents because the law does not automatically grant them legal rights upon the child’s birth. They must undergo several legal hurdles before the law recognizes them as the child’s father.
However, if you do overcome these legal hurdles and fight for your paternity, there are many benefits for both you and your child. On your end, you will be able to become actively involved in your child’s life and have a say in how they are raised. You can also bond with them without worrying about the other parent preventing you. Meanwhile, your children will have access to your medical history and your wealth should you pass away. They will also be eligible for support from both parents, which can greatly assist them in the future.
If you are still hesitant about taking the legal steps to establish your paternity, let our Benbrook, TX family law firm address any inquiries you may have. We will also explain what is needed to assert your rights in court and strive to make the process as smooth as possible.
Establishing Paternity in Texas
In Texas, a man can establish paternity through one of three methods: legal presumption, acknowledgment of paternity, or court order.
Legal Presumption
In legal presumption, the man is automatically considered as the child’s father if they meet either one of these requirements:
- They were already married to their child’s mother when the child was born
- They were married to the child’s mother for the past 300 days before the child’s birth
- When the child was born, they voluntarily claimed paternity and considered the child as theirs, even if it is proven that they are not biologically related.
- They stood as the child’s parent and lived with them since their birth
Acknowledgment and Denial of Paternity
If the father is not married to the child’s mother, he may establish legal paternity by signing the Acknowledgment of Paternity form at the time of the child’s birth. This form must be completed and signed in good faith, with a genetic test confirming the biological connection to the child. However, if it is determined that the form was signed maliciously or if evidence shows that the father is not the biological father, the form can be invalidated. The court may also intervene, requesting a DNA test to establish paternity and assessing the individual’s suitability as a parent.
Meanwhile, presumed fathers can rescind the acknowledgment form before its validation or when a court case concerning child custody and support is initiated. If a father has reason to doubt the validity of his paternity, he may request a denial of paternity from the court. Our Benbrook father’s rights lawyers at Davis and Associates, Attorneys at Law can assist you in understanding the acknowledgment form and your responsibilities upon signing it. Our team can also help you arrange a DNA test or initiate proceedings if you wish to invalidate or withdraw your signature from the form.
Termination of Paternity
Although it does not happen often, cases where an alleged or legal father wishes to question a child’s true paternity do occur in Benbrook, TX.
These fathers may use the law to help them terminate their father’s rights and correct the issue. When a petition is filed with the court, the judge will order a thorough review of the evidence presented by the father, and if the father’s concerns are valid, their parental rights will be terminated. They will be removed from the child’s birth certificate.
Fathers taking this route should be prepared for a prolonged legal battle, as it is a legal proceeding. However, by reaching out to one of our Benbrook father’s rights lawyers, you can face this battle head-on and receive the right legal advice as the case proceeds. We will also do our best to make the proceedings easier to follow and ensure that all parties duly recognize the outcome.
Divorced Father’s Rights
Fathers who have recently divorced their wives and have children with them do not have to fight for their legal rights as fathers. They are automatically considered the child’s legal and biological father under the law when the child was born while they were married to the child’s mother.
After divorce, the law expects both parents to do their best to remain active in their child’s life and to adhere to the arrangements set during the divorce proceedings.
However, if the other party is preventing them from exercising their parental rights for any reason, divorced fathers can rely on their legal team to raise the issue in court. Davis and Associates, Attorneys at Law‘s father’s rights lawyers can assist you in gathering the necessary evidence to prove that your rights are being challenged and advocate for a custody modification.
Free Consultation Today
Being a parent is a lifetime responsibility, but if you are ready to take on this responsibility, there are legal avenues available for you to take that your child’s mother cannot challenge. The law is also on your side if there is a valid reason to question any paternity claims or errors in the form that initially established your paternity.
Our father’s rights lawyers are always ready to review your case and see what can be done to seek the right legal action for your case. We will ensure you are aware of the legal implications of your case’s outcome and do our best to reduce any negative impacts the case will have on you and the child. Check out our free consultation today to learn more about our legal services and get the case started.
Call Davis and Associates, Attorneys at Law at (817) 631-8492 for your Free Consultation with a Father’s Rights attorney.