Paternity

Establishing Paternity in Texas Part III

Published on: February 17, 2015 | by Bryce Hopson

Welcome back to the third and final installment on the ways in which paternity is established in the state of Texas. This blog post will focus on adoption and some of the interesting intricacies that can spring up as prospective parents peruse the legal landscape of adoption in Texas.

Chapter 162 of the Texas Family Code contains the statutory rules surrounding adoption. A question commonly asked of family law attorneys is: “Who may be adopted?” Section 162.001 provides that a child residing the state of Texas may be adopted if: Continue Reading ›

Establishing Paternity in Texas Part II

Published on: January 6, 2015 | by Bryce Hopson

Welcome back! Let’s dive in to the third way in which paternity can be established in Texas: an adjudication of paternity. Under chapter 160 of the Texas Family Code, an “adjudicated father” is defined as a man who has been adjudicated by a court to be the father of a child. Well that is not very helpful is it? Kind of like trying to describe the color blue to a blind person by saying that it looks very blue. Let’s dig a little deeper, shall we?

Texas law provides that a civil proceeding may be maintained to adjudicate the parentage of a child, and that such proceedings are governed by the Texas Rules of Civil Procedure. One of the main considerations when discussing suits to adjudicate parentage in Texas is whether you have standing to bring the suit. Subject to certain exceptions, a proceeding to adjudicate parentage may be maintained by: Continue Reading ›

Establishing Paternity in Texas

Published on: January 5, 2015 | by Bryce Hopson

If you have ever wondered how paternity is established under Texas law, here are a few key points to remember. First, there are five ways in which a father-child relationship can be established:

(1) an unrebutted presumption of the man’s paternity;
(2) an acknowledgment of paternity;
(3) an adjudication of paternity;
(4) adoption; and
(5) the man consents to assisted reproduction by his wife resulting in the birth of the child.

Now, what does it take to be considered a “presumed father” under Texas law, and how can that presumption be rebutted? Well, a man is presumed to be the father of a child if: Continue Reading ›