One of the most frustrating positions to be in as a parent is to not be able to confirm paternity for one of your children. Life is, simply put, much easier when you know who your father is. For your child to lack a legal father puts him at a distinct disadvantage in many ways. We will discuss those ways today in our blog post. However, there are especially burdensome considerations to think about when you contemplate how an incarcerated parent factors into this discussion of paternity.
Suppose that you are the mother of a child and believe that an incarcerated man is the father of one of your children. You have very little contact with him now. Even after the child was conceived and leading up to the birth of your child you did not remain in conversation with him. He showed no interest in remaining in the life of you or your child. As a result, you let him go on his way and instead set out to raise the child on your own. Whether this was the right decision only time will tell.
What you can tell at this moment is that your child does not have a father on his birth certificate. More than that, no man under the law is listed as his father. This puts a lot of responsibility on your shoulders as far as raising your child is concerned. However, you are seeking out information on paternity and how to confirm paternity in a man behind bars. The Law Office of Bryan Fagan is here to walk you through that process.
Legal paternity versus biological paternity
Paternity in a legal sense versus paternity in a biological sense are two distinct things. A man can be the biological father to a child and not be the legal father to a child. By the same token, a man can be named as the legal father to a child but not be the child’s biological father. This is why determining paternity is so important. The last thing you want is for your child’s biological father to not be able to legally partake in the rights and responsibilities of raising your son.
By the same token, if you are not correct about your presumption on who the father is then you do not want that man to be on the hook for child support, etc. It goes beyond taking responsibility for your actions and your children. A man who is not the father to your child should not need to concern himself with your child’s well-being.
That is unless he is named the legal father to your child in a family court paternity proceeding. While situations like this are rare, they do happen. You should focus your time and attention on these matters to ensure that your child’s father is matched up in the right way. Many a family and many a man’s life have been ruined or damaged significantly when mistakes are made in this crucial area.
Establishing paternity- why does it matter?
The process of confirming in a legal sense who is the father of your child is called establishing paternity. The blog for the Law Office of Bryan Fagan writes about regarding family law. Child custody, child support, conservatorship issues, and the list goes on and on. All these topics are important. However, they all are relevant only after paternity and confirmation for the child.
Establishing paternity matters because without paternity the rights and duties concerning a child are vested only in you as the mother to a child. To assess child custody orders and all the other issues associated with raising a child you must first establish paternity. It is putting the cart before the horse to start thinking about these other family law subjects before establishing paternity.
When it comes to establishing paternity, we see that there are multiple ways to do so. Like most things in family law, there is an easy way to establish paternity and a more difficult way to establish paternity. That does not mean you are destined to go down the tougher road to travel. You need to work at building a plan as early as you can to confirm paternity. In one specific situation paternity is established automatically. However, in many situations, paternity needs to be established through an extrinsic means.
Married to the mother? You’re legally presumed to be the father
The most direct route to having paternity established is simply to be married to the mother of the child. When a married man’s wife gives birth the law presumes, he is the child’s father. No additional steps need to be taken. Even if you divorce the mother, if the child is born within 300 days of the divorce the law still presumes paternity. It is not the case that a married man needs to do anything to establish paternity.
However, it can happen that a married man must go through some trouble to fight paternity. Consider a situation where you are married to a woman who gives birth to a child. It becomes clear to you and anyone with eyes that the child just born is not your daughter. Immediately your mind starts to think- what do I need to do to disavow this child and deny paternity?
There is a legal form known as a denial of paternity. If you and your wife are willing to sign the form, then you should turn that in to the state. You will not be listed as the father on the birth certificate (by not willingly listing your name). More importantly than that you are not on the hook for caring for the child financially. Talk to an attorney with the Law Office of Bryan Fagan if you have questions about denying paternity.
What must an unmarried father do to establish paternity?
We have just covered how paternity is presumed in a married man. However, when it comes to an unmarried man no such presumption attaches once the child is born. A mother like yourself who wants to establish paternity in a man you are not married to must go through some additional steps to do so. This involves planning, communication, and the possibility of a lawsuit.
First, talk to the man who you presume to be the father of your child. In some instances that presumption is knowledge. You need to talk to the man you presume to be the father of your child. Discuss with him the details of what is ongoing and the importance of your child having a legal father. See if he is willing to sign an Acknowledgment of paternity. This form is exactly what you would expect it to be. This form legally accepts the title and responsibility of the father.
The acknowledgment of paternity does the exact opposite of a denial of paternity. In your case, file the form with the State of Texas. It causes the man who signed the acknowledgment of paternity to be listed as the legal father of your child in state records. From there, you can go through a child custody case where rights, duties, and other responsibilities can be assigned to him. This eases the burden on you and brings your child’s biological father into his life as a legal parent.
When an acknowledgment of paternity will not be signed
Put yourself in this position. You are pregnant and unmarried. In 2024 this is a normal position to be in. With that said, you know the benefits of your child having a legal father. In that spirit, you reach out to the man you are confident is the father to your child. This is a man you dated for over a year. The timeline of your interactions with this person matches up perfectly with him being the father. So, you seek him out and let him know that you are pregnant.
His reaction was not what you were hoping. He denied that he was the father, got upset, and hung up the phone on you. The trouble is you have no idea where he lives. Getting a hold of this guy was difficult enough during the best of times. Now it stands to be even more difficult. He is likely avoiding you so that this subject is one that you may decide to drop. It’s just not worth the trouble, he hopes you think, as you decide to forego pursuing the issue of paternity anymore.
However, he does not know you very well. If he did, he would know that once you have a goal in your sights it is trouble for anyone who tries to get in your way. So, you don’t decide this laying down. Rather, you reach out to the Law Office of Bryan Fagan and ask our advice. Impressed by what you hear in a free-of-charge consultation with one of our attorneys you decide to hire us and go from there.
Paternity lawsuit
A paternity lawsuit is filed with a family court which has jurisdiction over your childThe purpose of this case is to determine the paternity of your child. Once that is complete all other issues fall into place. However, before any issues arise with child custody, paternity must be figured out. This is the road you must travel to establish paternity given how the presumed father was unlikely to sign the acknowledgment of paternity.
Causing this hypothetical story to start to come together with the title of this blog post, the gentleman in question is in jail. You found out through social media that this man is behind bars for a serious crime. In that case, what can you do in a situation like this? Is it possible to move forward with paternity establishment when a presumptive or possible father is the man is incarcerated?
Contacting the Office of the Attorney General
In a situation where you are the mother to a child your first move could be to contact the Office of the Attorney General. This allows you to reach out to them to request that a paternity action be filed in a family court with proper jurisdiction. A DNA test will need to be obtained to lock you in as the biological and then legal father to the child. This DNA test must be administered under state law and the other legal requirements that exist in Texas. Therefore, using a drugstore DNA test is not good enough in this situation.
It is common for incarcerated men and the mother of a child to focus almost exclusively on the issue of child support when it comes to this subject. Establishing paternity is not necessarily done with the first thought being the building of a parent-child relationship. Rather, child support, unfortunately, becomes an opportunity for mothers and children to have a one-way relationship with a father. Whatever the motivating factor is for your family to establish paternity tapping into the resources through the Office of the Attorney General is a great way to do so.
What can you do to establish paternity when behind bars?
As mentioned earlier, for a child support case to be opened in a court paternity must first be established. This can be done when a putative father is behind bars. Often DNA testing is required in a case like this. When the request is made to establish paternity expect that a DNA test soon will follow.
Once paternity is established in you then your name will be listed on the birth certificate for your child. Contacting the Bureau of Vital Statistics through the State of Texas to ensure this is done makes sense, as well. It is simpler in most cases for the mother of the child to contact an attorney, the Office of the Attorney General, or both to begin the process of establishing paternity. This is most simply done through an Acknowledgment of Paternity.
What to do as a mother of a child whose probable father is incarcerated
It feels in many ways like you are in an unsolvable situation when you are raising a child and dealing with paternity issues. This is true even when you can locate the father of a child easily. However, when the father of your child is incarcerated, it is an even more difficult situation. There are very few “how to” guides on this subject. We hope that today’s blog post from the Law Office of Bryan Fagan provides some degree of clarity on how to go about solving this issue.
Working with an experienced attorney with the Law Office of Bryan Fagan is a great way to begin this process. Our attorneys have the skills and knowledge you need in a time like this. Time is often of the essence when it comes to establishing paternity and confirming rights and duties for your child’s father. Not wanting to take any more time than necessary to figure out this issue is probably where you are headed right now. Our attorneys know how to start a process like this successfully.
Whatever conversations or communication you have with the likely father of your child should be maintained as much as you are comfortable with. Signing an Acknowledgment of Paternity is a terrific way to establish paternity without going through the courts. However, there are ways for you to establish paternity which we have discussed today which involve the legal system as well. Our attorneys are here to help you with the latter circumstance.
Paternity is important to establish- do not delay
Even if you are not fully satisfied with your situation and that of your child it is still important that paternity be established. There are many reasons for this including inheritance, government benefits, and the like. This is in addition to the most notable benefit of providing your child with a legal parent to build a relationship with. The attorneys at the Law Office of Bryan Fagan are here to help answer your questions about this subject and any other that you have questions on regarding Texas family law. Thank you for spending time with us on our blog today.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. Interested in learning more about how your family is impacted by the material in this blog post? Contact us today.
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.
