San Antonio Paternity Lawyer

Establishing Your Parental Rights

As a father, you have the right to be in your child’s life, even if you are unmarried or divorced. The only way you can get custody over your child or seek visitation rights is by establishing paternity. There are a few different ways paternity is established, and they depend on your marital status at the time of your child’s birth. Working with a paternity lawyer is the best way to ensure your rights are protected and that you can get custody of your child in the future.

The Hicks Law Firm understands how important it is to be in your child’s life. No matter what your circumstances are, we can help you establish paternity and take action in family court to get custody or visitation. If you are having paternity issues, don’t hesitate to reach out today. Call our law firm at 210-985-8330 for a free 20-minute initial consultation.

How is Paternity Established?

There are a couple of different ways that paternity is established in Texas. If you’d like to establish paternity after your child is born, working with our law firm is your next step.

Paternity can be established in the following ways:

Marriage

If you and your spouse are married at the time that your child is born, you are the presumed father. Even if the mother is pregnant before marriage and gets married to you before the baby is born, you will still establish paternity at that time.

Acknowledgment of Paternity

If you and your spouse are not married, but you both agree that you are the father, you can submit a legal document acknowledging your paternity. Both you and the mother must fill out an Acknowledgment of Paternity (AOP) form and submit it to the state. In most cases, the AOP is filled out at the hospital when the child is born.

Paternity Lawsuit

If you and your co-parent are not married and you do not agree on the paternity of your child, you will have to file a paternity action in court. This lawsuit may include a DNA test to determine paternity. Our team can help you file a lawsuit and represent you before a judge to plead your case.

Can Non-Traditional Parents Establish Paternity?

There are some cases where a non-traditional parent may take on an impactful role in a child’s life. Although a non-traditional parent may not have the same parental rights, there are ways to establish child custody.

Non-traditional parent roles include:

Step-Parent

When one spouse remarries, the new parent is called the child’s step-parent. A step-parent has no legal parental rights over the child unless they adopt their stepchildren.

Equitable Parent

Someone in a child’s life who plays a parent-like role is called an equitable parent if they are not biologically related to the child. This is often a close friend of the family.

Alleged Father

An unmarried man with a biological child is obligated to pay child support to the child’s mother. They are called the alleged father and have visitation and custody rights.

What Parental Rights Do You Have in Texas?

Once paternity is established, you and your spouse automatically have the same parental rights. You have possession and access to your child, plus the ability to request child custody and determine where your child will live. If you are seeking child support, you will likely need help from our law firm.

Determining child custody can be difficult if you and your co-parent are not married. In most cases, the court will attempt to keep both parents in the child’s life, assigning joint custody to each parent. One parent will likely be the primary parent, while the other will have visitation rights.

If you are concerned about your co-parent having custody, you can work with our attorney to provide evidence as to why they cannot be around your child. The court will always aim to make decisions in the child’s best interest. If your co-parent has a history of drug abuse or violence, it’s possible that you could establish sole custody over your child. Contact us today to learn more.

What Does a Paternity Lawyer Do?

Establishing your parental rights is essential if you want to be in your child’s life. If you’d like to establish paternity through a paternity case, working with a paternity attorney is the best way to get you the outcome you deserve.

As your legal representative, we will take the following steps:

• Determine the best way to establish paternity under your specific circumstances
• File a lawsuit in court, if necessary
• Gather documentation to prove the essential role you play in your child’s life
• Represent you in family court to ask for joint or sole custody
• Take legal action against your co-parent if they are denying you access to your child

Can a Paternity Lawyer Help With Your Case?

As the biological father of your child, you have rights that are protected under the law. Establishing paternity is the only way to take advantage of these rights and stay in your child’s life no matter what. A paternity lawyer will ensure that your rights are protected and that you have full access to your child, even if you and your co-parent are unmarried or going through a divorce.

The Hicks Law Firm has helped countless fathers stay in their children’s lives, and we can do the same for you, too. We are confident that we can get you the best possible outcome in your case. To learn more, call today at 210-985-8330.