If you are an unwed mother or father, contact an experienced paternity lawyer at The Guerra Law Firm to help you establish a safe environment for your child.  

When a child is born out of wedlock, it may be necessary to file a paternity suit to legally establish the child's father.  In a paternity order, the Court will specify the legal rights of the unmarried fathers and mothers and set up a visitation schedule so the child can develop a healthy relationship with both parents.  The Court will also specify the duties of both the mother and father as they relate to child support, health insurance, and any other needs of the child. Where paternity is contested, whether in a divorce action, or otherwise, Texas law provides a procedure for the parties to submit to paternity testing, usually with a DNA blood test, to resolve the issue. 

The Texas paternity laws were substantially revised in June, 2001, when we adopted the Texas Uniform Parentage Act. Under this Act, the Texas paternity registry was established where unmarried fathers can register his acknowledgment of paternity of a child.   Through the paternity registry, if the child’s mother approves and agrees with the acknowledgment of paternity, the parent-child relationship can be administratively established and the man can be listed as the child's father on the child’s birth certificate. Men who are unsure if they are the father of a child may also register that they "might be" the child's father.  This type of registration gives the potential father the right to be notified of any litigation that may affect his parental rights.

Although some provisions of the Texas paternity laws are beneficial to children, the paternity registry leaves many things to be resolved through the Courts. For example, the registry does not provide parties with a child support order and does not specify rights, duties, possession and visitation for the parents of children born out of wedlock.

The paternity registry is not appropriate for parties who desire paternity testing. Moreover, a person who executes an acknowledgment of paternity, but later rescinds the acknowledgment and seeks paternity testing, has only a limited time in which to rescind the acknowledgment. More importantly, the paternity registry program is strictly voluntary. In many circumstances, the alleged father of a child is unwilling to sign an acknowledgment of paternity prior to entry of a court order.

A mother or alleged father of a child born out of wedlock should consult an experienced paternity attorney at the Guerra Law Firm in Carrollton, Texas, to determine the best course of action to choose with this time-sensitive matter.