When paternity is in question, it can send families into a spiral. Many couples find themselves divorcing over the mere question of whether or not the kid is that the husband’s. For unmarried men, who may or might not be the daddy of the kid in question, the legal road may be a bit tougher . it’s important for unmarried fathers to be proactive when establishing paternity and to make sure that their parental rights are protected. But what are you able to do if you think that the kid isn’t your offspring? the primary step is to form sure that you simply have an experienced Texas child custody attorney on your side to assist guide you thru this complex process.
Texas Law Allows for Paternity Testing
The State of Texas passed a law in 2011 that allowed for men to request DNA/paternity testing so as to prove fatherhood. If the DNA testing showed that the potential father wasn’t actually the daddy of the kid then the court with jurisdiction over the kid and father might be made to eliminate any future support payment.
In order to start out the method of requesting a DNA test, the parent of the kid must get in-tuned with a lawyer who can draft and submit the right petition to the court. Either the mother or the daddy of the kid can begin the method of building paternity. Once the petition is submitted to the court, the petition must be served on the parties involved. If a person believes he might be the daddy of a toddler to a lady who is married to somebody else , both parties – the lady and her husband – must be served with the petition.
It is important to understand that when action has begun with the request for DNA, the court will have a say in what happens after paternity testing is complete. If the person in question is proven to be the daddy of a toddler or children, there’s a high likelihood that there’ll be future proceedings to determine support payment , custody, and visitation.
The Importance in Establishing Paternity
The legal term paternity refers to determining the right father of a toddler . While it’s fairly straightforward to determine a child’s biological mother, it are often harder to spot a child’s biological father if there are any questions on who which will be. Paternity issues most frequently arise in cases involving:
* Child support;
* Adoption;
* Inheritance;
* Custody and visitation rights;
* Health care; and
* Protecting and asserting parental rights.
Types of Paternity Tests
There are two sorts of tests which will be done to determine paternity. These are mentioned as “genetic marker tests”, which are more commonly referred to as paternity tests. Although the name is paternity, there are literally three samples which will be taken, regardless of which test is chosen – the potential father of the kid will provides a sample, as will the mother of the kid , and most significantly , the child.
The first test are often done by rubbing a cotton swab on the within of the mouth. This test is understood as a buccal swab. A buccal swab may be a non-invasive way for DNA collection that only takes a couple of seconds to finish . the opposite test may be a biopsy , which is extracted from the potential father, and therefore the genetic markers are compared to those of the kid in question. The buccal swab is completed faster and easier to store, since blood samples got to be kept refrigerated.
There could be a situation where someone refuses to submit their DNA for testing. If it’s ordered and refused, legal consequences could also be considered by the court for violating a writ . If they’re found in contempt, they might be ordered to any number of consequences including fines and jail time.
An Experienced Child Custody Attorney is vital
Family law matters are complex, and must adhere to Texas state laws. a talented and knowledgeable child custody attorney would be beneficial in establishing paternity. An experienced family law attorney can assist you understand Texas state laws and requirements, also as guide you thru the method of building paternity. Finally, an attorney are going to be ready to represent you in court as required.
The father’s paternity must be established so as for the kid to receive support payment . A court cannot order support payments until paternity has been established and determined. Once the court has legally determined the father’s identity, they’ll order support no matter where the daddy lives or if they need a lively role in their child’s life. As such, this includes a father who lives during a different state than his child.
In order to possess your parental rights protected and if you think that you simply aren’t the daddy of the kid , it’s important that you simply retain the services of an experienced child custody attorney, who is in a position to figure with the courts so as to urge a assay requested and submitted to the courts.
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