Wanting to care for your child is an instinctual, basic instinct that parents have. Whether you are a mother or father there is a feeling that propels you towards providing care for your son or daughter. Whatever your circumstances are this is a universal feeling. Most parents know that a child is their son or daughter. Leading up to the birth of your child you were spending time together with your family. Preparing for the child’s birth means building a crib and getting a nursery stocked up.
However, this is not the arrangement for every family preparing for a child’s birth. In some situations, they are much more unstable. Particularly, we are talking about situations involving unsettled paternity. As in, what if the father of your child is not established when the child is born? What steps do you and the father need to take? Should you do anything at all? These are the questions that we are going to answer in today’s blog post from the Law Office of Bryan Fagan.
The impact of signing the birth certificate
Being legally established as the father to a child is a major step for a family to take. There is a difference between being the legal father to a child and being that child’s biological father. A biological father is not necessarily the child’s legal father in all situations. Likewise, there are even situations where a man is legally presumed or established as the father to a child but is not the child’s biological father. If these statements seem confusing or even contradictory that is understandable. What could be a straightforward circumstance can end up having many twists and turns.
One of the avenues that parents take to establish paternity is to sign a birth certificate. This is based on an assumption that if you sign off on a child’s birth certificate you are automatically the child’s father. This does not necessarily mean putting pen to paper on signing a certificate. Rather, many families presume that when a mother lists one man’s name on the birth certificate this is proof positive that he is the father to a child. Or at least, that he will be established legally as the father to that child. This is not the case in Texas. Rather, there are additional steps that would need to be taken to establish paternity.
The signing of an Acknowledgment of Paternity
These additional steps most frequently involve the signing of an Acknowledgment of Paternity form (AOP). An AOP is a legal mechanism in Texas that would allow you as a father to stake your claim to paternity of the child. When you and your child’s mother sign an AOP (as in signing the document) the State of Texas establishes paternity in you. An AOP is filed with the Bureau of Vital Statistics and has far-reaching consequences for you and your child. An AOP can be obtained and signed before the birth of your child and at the hospital where your child is born.
What is the impact of paternity on your life and your child’s life?
All of this is not to say that there are only legal implications of completing an AOP or establishing paternity. As experienced family law attorneys, the Law Office of Bryan Fagan focuses on these subjects in our daily blog posts. We want to help our community better understand some of the most complex and important subjects in family law. However, we also understand that there are wide-ranging considerations to these circumstances and decisions.
As a result, looking at paternity issues from a strictly legal perspective is unwise and unfair. There are relational, emotional, and familial impacts in attempting to determine and establish paternity. Establishing an emotional connection between parent and child is complex and not something that can be done with the stroke of a pen. By being established as the father to a child you are now responsible for that child’s well-being- emotional and otherwise. Finally, you gain the ability to make decisions that impact the life of your child in profound ways.
Looking at paternity from a child’s perspective
It is difficult to make arguments about the best interests of a child from the perspective of an infant. A very young child like has little understanding of anything going on around him or her. That is where their parents come into play. For the first few years of a child’s life, he or she depends on their parents to make good decisions for them. This includes items like feeding, clothing, and providing for them. Being emotionally supportive so that the child develops essential bonding techniques and other social skills. However, it also includes making decisions that are positive for the child from a legal perspective.
Placing your name on the child’s birth certificate asserts that you are the child’s legal and biological father. This covers all the bases that we would expect. From a legal perspective, we know that it is not a final step in establishing paternity. Having your name on the child’s birth certificate does nothing to establish paternity in and of itself. However, what it does do is to make a strong assertion in that direction. This is surely better for a child than having no man assert paternity. That would leave a gaping hole in the life of your child.
Long-term impacts of listing your name on the child’s birth certificate
As your child grows older, placing your name on their birth certificate begins to take on added meaning. Children thrive on stability and consistency. This means that your child does better in circumstances where he or she knows who they are. Having roots established in a community is part of this. It is also crucial to acknowledge that your child does better when he or she knows who their parents are. Wondering about crucial questions like paternity usually does not lead to a successful life for a child.
Family law is an area that deals with complex subjects. Paternity is about more than just a legal process to determine parentage. We at the Law Office of Bryan Fagan understand that you have options when it comes to finding help during a situation like this. Parents like you want to serve their children as best as possible. We call this looking out for your child’s best interests. The best interests of the child standard is one that allows courts and parents alike to look at what matters most to children.
When you are considering your options for a family law case we hope that you think of the Law Office of Bryan Fagan. Our licensed family law attorneys not only know the law but also have the skills necessary to help your family. Family law cases are not as simple as filling out paperwork and going to court. There are far-reaching relational and emotional aspects to these cases. Finding an attorney with the heart of a teacher is not easy. Fortunately for you, the Law Office of Bryan Fagan offers attorneys who are strong advocates but also patient teachers of the law.
Determining paternity
We know that paternity is important for relational, emotional, familial, and legal reasons. However, we have not defined what paternity means yet. Paternity is a legal relationship that is established between a parent and their children. Since maternity is not something that needs establishing we would look to paternity as the area which may be in question for your child.
There is a difference between biological and legal paternity. Biological paternity means that you took part in the procreative act with a woman. The result of that act was that a child was conceived and eventually born. However, just because you are certain that you are a child’s biological father does not do anything necessarily to establish paternity. Paternity means becoming the legal father to a child. This is a much more complex question than simply answering whether you are the child’s biological parent.
Being a child’s legal father carries with it significant responsibilities. We have already discussed the emotional and familial responsibilities that come with parentage. However, there are legal rights and duties which pertain to being named as a child’s parent. These rights include the right to make decisions on behalf of your child. Duties include the duties to provide and care for your child. Once you become a legal parent to your child the obligations are not theoretical. Going through a family law case establishes concrete rights and duties relating to your child.
It is not enough to only be your child’s biological father
Many fathers in your position make the mistake of assuming that because they are the biological parents of a child no additional steps need to be taken. As we are about to see, in some situations this is true. However, in other circumstances, you need to take the initiative and do something about the situation. When you are a child’s father and want to ensure your place in their life you should seek to establish paternity as quickly as possible. This will avoid potential problems when it comes to paternity rights and duties. The last thing you want to do is jeopardize your relationship with your child.
Legal paternity allows you to weigh in on the important areas of your child’s life. Educational, medical, and religious questions for your child are all impacted by a father’s input. Think back to your upbringing. Did your father play a major role in your life? If not, is this the same sort of trajectory you want to see your child’s life go down? If not, then you should consider what you can do in an immediate sense to help play a positive role in the life of your child. Establishing paternity is a “day one” type of responsibility that you need to look into further.
Being presumed the father of your child
Your paternity is presumed in a specific situation. That situation involves you being married to your child’s mother at the time your child is born. Another situation that would allow paternity to be presumed is if you reside with your child for the first two years of his life. Looking at the marriage part of this equation, it is not difficult to see why paternity would be presumed in a situation like this. Being married typically carries with it the expectation of monogamy. Therefore, the likelihood that a child born to a married woman is her husband’s child is significantly higher than in non-marital relationships.
In all other situations involving the birth of a child paternity is not presumed. This means that as a biological father if you were not married to the mother of your child then you need to take additional action to establish paternity. Without doing so you would be left in the unenviable position of being a biological father but not a legal father. Not being able to exercise any of the rights or duties of a father is the result of this position.
Fortunately, there are steps that you can take to avoid this sort of situation. Acknowledging paternity is one method that we have already discussed. So long as you and your co-parent both acknowledge paternity then this does the job. No additional action needs to be taken. However, there are means you can pursue through a court which would also establish paternity.
Do not get confused about the birth certificate
One point the attorneys with the Law Office of Bryan Fagan would like to emphasize is that just because your name is on a birth certificate does not mean you are legally the father to a child. This can be a bad thing if you believe that you are the father of a baby. To obtain the legal rights and responsibilities of a father to that child you need to take additional steps. This means completing an Acknowledgment of Paternity with the mother or seeking to establish paternity through a court with jurisdiction.
On the other hand, having to take additional steps to establish paternity could also mean something positive. Suppose that you are not the biological father to a child. However, the mother of a newborn has told the hospital birth registrar that you are. This registrar would then enter your name on the birth certificate. However, you can dispute or deny paternity. A denial of paternity is a legal form that does the opposite of an acknowledgment.
Additionally, working with an experienced paternity attorney is one method to employ that can help you deny paternity. A petition to establish paternity needs to be filed in some situations. A DNA test would be ordered which can establish the correct father to the child. At that point, the child’s birth certificate can be updated to remove your name as the child’s father.
What does paternity mean to a child?
In a practical sense, you can be made to pay child support on behalf of your child. This happens in situations where you are the legal and biological father to a child. However, a man who is not the biological father to a child may be also named as his legal father. This could occur if you do not contest paternity within a certain length of time. The best interests of the child standard apply in situations like this. As such, you cannot expect that a court would absolve you of paying child support if you do not contest your status in time.
Paternity means being able to inherit property from you upon your death. This also would go for any relatives of yours if you pass away before a loved one of yours dies. Your share of the property would likely pass on to your child. Social Security death benefits are another potential benefit made available to your child only after paternity is established. Paying attention to details like this makes it much more likely that you move forward on this paternity issue.
Final thoughts on paternity from the Law Office of Bryan Fagan
The Law Office of Bryan Fagan thanks you for joining us today on our blog post. We post unique and informative content about the world of Texas family law each day of the week. To learn more about paternity or any other subject in the family please give us a call. We have offices in all the major metropolitan areas of Texas. This means that no matter where you live the Law Office of Bryan Fagan has an attorney near to you. When you are going through something difficult it is best that you seek competent legal advice. The Law Office of Bryan Fagan is here to help you and your family.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
