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In Texas, paternity can be established either "voluntarily" by signing an Acknowledgment of Paternity form or "involuntarily" through a court order. When the mother and father agree that the father is in fact the biological father, paternity can be established voluntarily.
A presumed father is a person the law has stated is a legal father of a child because of his legal relationship to the mother during the pregnancy. There are several ways a man can be considered a presumed father, the most common of which is being married to the mother.
In Texas, if the parents of a child are not married to each other when the child is born, the child has no legal father until paternity is established. Once paternity is established, the father's name will be placed on the child's birth certificate and the father will gain certain rights to the child.
In Texas, there is no statute of limitations for a lawsuit to establish paternity, however there is a limit on the amount of retroactive child support that a mother could recover if she were to prevail in a lawsuit to establish paternity.
If the child has a presumed father, however, the paternity suit must be brought within four years of the child's birth, unless: the presumed biological father and mother did not live together or engage in sexual relations during the likely time of conception; or.
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It gives you the right to ask the court for custody, parenting time or child support. Parents sign a free legal document called an Acknowledgment of Paternity (AOP). This is the most common way to establish paternity. Parents, and then a judge, sign a legal agreement (court order) stating who the father of a child is.
If the genetic testing results say the legal father is NOT the biological father of the child, the court may order a termination of the parent-child relationship and support obligation. However, the man is still responsible for any unpaid child support and interest up to the termination date.
Most paternity test results are available with-in 4-6 weeks after a swab.
Paternity By Presumption The biological father may also acknowledge paternity at the time you rebut the presumption. Although the statute of limitations is generally four years, a 2011 Texas law may permit you to challenge the presumption at any time in the child's life.
First, you will need to file a completed \u201cPetition to Adjudicate Parentage\u201d with the court where the child lives (a family law attorney can help with this). To allow the other party to respond, that party will receive a copy of the petition after you file.

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