Recent Posts in Paternity Category

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How to handle a child support case as the non custodial parent, Part Four

The importance of paternity in a child support case If you are the presumed father of a child but have not yet been declared legally as the child’s father then you have work yet to be done. ...
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How to handle child support as the non custodial parent, Part Three

For many of you reading this blog you probably have no idea how to begin a child support case. It could be that as the noncustodial parent of your child you have limited access right now even to see ...
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How to handle child support as the non custodial parent, Part Two

In yesterday’s blog post from the Law Office of Bryan Fagan, we introduced our topic of child support cases from the noncustodial parent’s perspective. You are the non-custodial parent if ...
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Nonmarital Children’s Paternity and Death of Alleged Father

Recently I have had more than one person ask me about establishing paternity and doing a name change after a father has passed away. There is an automatic presumption of paternity for children who are ...
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Family Law Cases in Texas: Conservatorship for Grandparents and Custody Determinations

The nuclear family of the 1950s is no longer the norm in the United States if it ever was in the first place. In today’s world non-parents (including Grandparents) play larger roles in their ...
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Frequently Asked Questions About Legal Separation

The following are answers to some of the most frequently asked questions about legal separation in Texas. The answers are general and are designed to help you better understand how Texas handles legal ...
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Texas Family Law Courts: Paternity Suits

If it is unknown who the biological father of your child is, a paternity suit may be filed in order to make a legal determination of parentage. The reason that this type of family lawsuit may be filed ...
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Can I Add My Dad's Name to My Birth Certificate If He is Dead?

I get questions frequently from clients and potential clients regarding a wide range of subjects. I hear a lot of interesting things, but normally the questions do not cause me to do any mental ...
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Interim Attorney's Fees in a Suit Affecting the Parent-Child Relationship (SAPCR)

I get questions pretty frequently from clients and potential clients about getting the other party to pay for their attorney’s fees. There are different standards on awarding interim attorney ...
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Challenging a paternity finding in Texas

The law in the state of Texas is that a man is legally presumed to be the father of any child that is born to his wife either during the course of their marriage or before the 301 st day after the ...
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Divorce when you are pregnant- but the child is not your husband's

Making difficult decisions like filing for a divorce when you are pregnant can be extremely taxing from an emotional perspective. An already tough decision is exacerbated by the fact that you are ...
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Paternity Law Essentials for Texas Families

When a child is born in Texas and his or her parents are not married there the child will not have a legal father. Of course, the child has an actual father but that biological father must complete ...
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Texas Child Visitation Enforcement

One of the biggest reasons people seek out our help in a divorce or custody case is there are children involved. One scenario that we hear frequently is that a parent will go to pick up the children ...
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Establishing paternity upon the birth of a child in Texas

When two married people have a child, it is presumed that the father of the child is the mother’s husband. For that presumption to be rebutted, evidence to the contrary must be produced for a ...
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Child Custody Basics for Texas Parents Revisited

When parents walk into the Law Office of Bryan Fagan for a consultation with one of our family law attorneys, the subject will invariably turn to how they can maximize the amount of time that they are ...
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My Wife is Taking Half My Paycheck in Child Support. What can I do?

It is not unusual for parents I meet with for consults to have questions regarding child support. Often, the parent paying thinks he is paying too much and the parent receiving feels they are not ...
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Husband Not the Father, what do I do in a Texas Divorce?

This year I have had several consults in which the wives I have met with have brought up how their husbands are not the father of one of their children. In many of these consults, the women were ...
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15 Myths About Divorce in Texas

When I meet with potential new clients many of them come to me with preconceived ideas on how property is divided in a Texas Divorce. There are many myths floating around on how property is divided ...
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Fathers' Rights: Children Born Out of Wedlock in Texas?

It is a weekly if not a daily occurrence that fathers reach out to us to find out what their rights are in Texas in regards to their children. In the state of Texas, family law protects a ...
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Child Custody Basics in Texas

I often have potential clients that come into my office wanting “custody.” Custody is a term that means different things to different people. In my experience, child custody matters can be ...
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Voluntarily Relinquishing Your Parental Rights in Texas

I periodically consult with a potential client who ask about terminating their own parental rights. Why would a parent want to relinquish their parental rights? In this case as in it came come down to ...
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I am not the biological father but I want to be - Paternity by Estoppel?

In the past 12 months, my office has represented three different Husbands each going through their own Texas divorce who all had cases in which their wife has had a child with another man. The facts ...
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Can I get child support and custody of my kids in Texas if we were never married?

I met with a mother recently that who had questions about custody and child support for her children. One of her concerns was whether the fact that she and the father were never married and if that ...
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Suit Affecting Parent Child Relationship: Who Needs One and Why?

When two people who have not been married have a child, the lawsuit that is filed in court to determine custody, duties, rights and visitation (among other things) for a child is called a Suit ...
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What rights does a father have in Texas?

A common question asked by Fathers who come to our office for a consultation is a variation on, "I have a friend/cousin/co-worker who told me that fathers can't get a fair outcome from a judge in ...
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