Proving Paternity

In Texas, when it comes to paternity cases, a father can be legally recognized by operation of the Family Code — known as being the “Presumed Father.”  This typically occurs if the couple is married at time of birth or within 301 days following divorce. The presumed father is the legal father by operation of law, regardless of whether that individual is the biological father.  If the presumed father wants to challenge this paternity they must do so quickly because failure to act could bar them from trying to disclaim their paternity in the future.  However, a father that is not the “Presumed Father” will have to file a Suit to Adjudicate Paternity in order to obtain Parental Rights with their child – which naturally requires disputing any other potential claimants for paternity.

For those looking to be declared the legal parent of a child, filing for a Suit Affecting Parent-Child Relationship and requesting Genetic Testing is one option. Alternatively, both submitting an Acknowledgement of Paternity from the father seeking parental rights and having an affidavit Denying Paternity provided by the presumed father are also necessary steps in rebutting any presumption of paternity. Without these two elements satisfied via DNA testing or otherwise, filing a suit to adjudicate paternity is required before legally claiming parenthood status.

If you’re looking to establish your parental rights, our Child Custody | Paternity Suit Lawyers at Ridgely Davis in Frisco, Texas serving Collin, Denton and surrounding counties are here for you! We offer knowledgeable legal guidance so that the presumption of another being the father of your child can be successfully challenged and or rebutted.

Should you File a Paternity Suit for Child Support?

Establishing child support is often the driving force behind filing a Suit to Adjudicate Paternity and – thankfully – this process do es not have to cost you anything. The Attorney General’s Office makes it reasonably easy for parents, although cases may take time (a long long time) to make their way through the system before being resolved.

While the Office of the Attorney General is happy to help applicants establish child support, they are unable or unwilling to consider other important factors such as rights and duties of a parent, possession schedule and geographical restrictions. Sadly this means that many key decisions concerning custody arrangements may be left ignored when processing applications because the attorney general is only concerned with establishing child support, not what is necessarily what is in the best interst of the child.

The government is focused on managing the number of families utilizing governmental assistance programs while ensuring parents are responsible for providing financial and medical support to their children. Utilizing the Office of the Attorney General is an effective solution many parents can use, however the quality of the overall outcome of the order, most likely will not address your major concerns and desires for your children.

At Ridgely Davis, our experienced Child Custody & Paternity Suit Lawyers are always ready to listen and offer sound and strategic advice for your unique case. We understand that sometimes those who pursue a paternity suit may be looking primarily for child support payments – however this can result in relinquishing some control over the child’s wellbeing if their other parent is not involved. Our team will thoroughly assess any risks associated with pursuing such cases while offering valuable insights into what could work best given every detail of your situation.

At Ridgely Davis, our experienced Frisco, Texas Child Custody and Paternity Lawyers serving Collin, Denton, Dallas and surrounding counties are passionate about finding successful outcomes tailored to the unique circumstances of your case taking time to communicate all costs & benefits associated with pursuing a Paternity Suit so that you can make informed decisions for your family’s future.  We cover Collin, Denton, Dallas, Grayson and surrounding Texas Counties.