I signed the birth certificate, does that make me the legal father of the child?

No.  Many people assume that if an unmarried father signs his name to a child’s birth certificate, he is the presumptive father for purposes of child support and possession.  However, that is not true. In Texas, there are two ways to establish paternity when the parents are not married:

1)  Have the father sign a notarized acknowledgment of paternity.

2)  Secure a judicial finding of paternity (also known as a paternity action). If the father does not acknowledge paternity, the court will order a DNA test.

I signed an acknowledgement form, but my ex-girlfriend will not let me see the child.  Do I have any right to possession?

Not until a Court enters an order establishing your rights and setting up your rights to possession.

When Do I Need to File a Paternity Action?

Most mothers file paternity actions in order to obtain court-ordered child support from an unmarried father. While fathers file paternity less often than mothers, they may do so to secure visitation if the mother has cut off contact with a child following the breakup of their relationship.

What if a Child is Born During a Marriage but the parties were not together?

The husband is presumed to be the father if the child.  A paternity action would have to be filed in order to establish that someone else is the father.

How Do I Obtain Child Support or Visitation Rights?

A court has to establish paternity.  As part of the court order, the Court will also set up  child support and visitation rights.

How long does it take to establish paternity?

Paternity can be established in around 30 days if the other parent does not file an answer to contest the establishment.  The actual time depends on whether the other party has to be served with the lawsuit or whether they will sign a waiver.

My girlfriend told me that I was the father, but I know now that I am not.  What can I do about it?

Depending on what you signed and how long it has been, you can file an action to have paternity set aside and child support terminated.  You can also sue for monies that you paid improperly.  Time is of the essence.  Don’t delay if you discover that you are not the real father.

If you need help, call Lynn Carroll at 214-749-7777. She practices paternity law in Dallas County, Rockwall County, Collin County, Denton County, and Tarrant County. A free 30 minute consultation is available!