Paternity

Mrs. McCann

I.F.L.

Under Texas law a child born to a man and woman that are not married has no legal father!

Paternity – the state of being a father, fatherhood!

As a father you haveobligations to provide financially for the child, but you also have rights to visit the child and possibly secure custody of the child.

Four Fathers??

• Biological

• Presumed

• Alleged

• Legal

Biological father

• Biological father – man who contributes the sperm that fertilizes the ovum.

• A biological father can become the legal father by acknowledging paternity or by being found to be the father by a court.

Alleged father

• Alleged father – man who is charged with, pointed to, claimed to be the father of a child

• An alleged father can become a legal father by signing an AOP (Acknowledgment of Paternity) with the mother. He can also be court-ordered to be legal father.

Presumed father

• Presumed father- man who is married to the mother at the time of the birth of the child

• Just because they are married, does not mean the husband is the father!! He can deny paternity if the biological father is willing to acknowledge paternity. He would sign a “Denial of Paternity.”

Legal Father• Man who is named the legal father by a

court or who acknowledges paternity on a Vital Statistics Unit form called the Acknowledgment of Paternity (AOP)

A.O.P.

• This is a form from the Bureau of Vital Statistics. It is available at hospitals, the Bureau, and Child Support offices.

• If the AOP is signed at the time of birth there is no costs to add the name of the father to the birth certificate.

• If the AOP is signed later, there is a fee to add the name to the birth certificate.

Rescinding

• Parties signing the AOP have 60 days from the date the AOP was filed at Bureau of Vital Statistics to rescind the acknowledgment by filing with the District Clerk’s office.

• If more than 60 days have passed the AOP can be challenged on the basis of fraud (a lie), duress (force) or material mistake.

Child Support and Visitation

The AOP does not establish child support payments or visitation periods.

The court follows a formula set by law to determine these. The formula is based on the number of children and the income of the parent.

The court also orders payment of medical expenses and cost of health insurance.

• A parent can not refuse to pay child support because the other parent is refusing visitation; likewise the custodial parent may not deny visitation to a non-custodial parent who fails to pay child support.

Denial of Paternity

• A court can order a man to be tested for paternity whether he acknowledges paternity

or not!

• The test is a saliva test.

Custody??• Custodial parents are legally

responsible for taking care of a child. This parent receives child support payments.

• Non-custodial parents are not legally responsible for the day-to-day care of the child. This parent is ordered by the court to make child support payments.

Truth or Myth??• Both parents are required by law to

support their child until the age of 18??• A parent is responsible for child

support even if he or she is still in school??

• A person not paying his or her child support can have their driver’s license suspended??

Truth or Myth??

• A non-custodial parent can stop paying child support if the custodial parent marries someone else.

• If grandparents are raising a child, only the father of that child has to pay child support.

• Grandparents are legally responsible for their teen children’s child support obligations.

Truth or Myth??

• Minors who are parents can sign A.O.P.s??

• The married mother’s husband’s name is automatically carried as father on the birth certificate, unless the mother objects??

Truth or Myth??

• Non-custodial parents in jail still owe child support??

• The absent parent must pay child support even if his/her only income is unemployment or disability??

Should you?? Should parents establish paternity if

they are getting along and the father is helping support the child?

• Yes, he may decide to stop paying in the future, become disabled or die. With paternity established the child will qualify for benefits. Relationships can also fracture!