Trusted San Antonio Paternity Attorneys

When a child is born to married parents, Texas law automatically recognizes the husband and wife as the legal parents. However, when a baby is born to parents who are not married to each other, the law does not automatically recognize the biological father as a legal parent. A biological father who is not married to the mother of their child does not have legal rights to his child until he becomes a legal parent. Paternity must be established first. There are many aspects and approaches to establishing paternity. If you have questions about the process, call the paternity lawyers in San Antonio, TX of Allen & Roig, LLP. We have the legal experience to counsel you and ensure that your interests are protected.

Benefits of Establishing Paternity

Establishing paternity means more than just having a father named on the child’s birth certificate. There are many benefits for the child, the mother, and the father when paternity is established. The benefits include:

  • An opportunity for the child to have a relationship with both parents and their extended families
  • Helps parents share the costs and responsibilities of parenthood
  • The child has a legal connection to his/her father
  • It’s required before asking the court to order custody, visitation, child support, health care coverage, or cash medical support
  • It protects the child’s rights to benefits such as medical insurance, life insurance, Social Security, Veterans benefits, and inheritance
  • Allows the child access to the father’s family medical history

Establishing Paternity

Married couples do not need to take additional legal steps to establish paternity. In Texas, paternity can be established either “voluntarily” by signing an Acknowledgment of Paternity form or “involuntarily” through a court order.

  • If parents are not married, the father and mother can sign a legal form called the Acknowledgment of Paternity (AOP) if they both agree he is the biological father of the child. This can be done at the hospital or can be signed later and mailed to the Vital Statistics Unit in Austin.
  • Unmarried parents can also seek a court order naming the legal father. Either parent can do this through the OAG Child Support Division, by filing a suit in court, or by hiring a private attorney.
    • If the couple does not agree or is uncertain of parenthood, a paternity petition can be filed asking that the alleged father be named the legal father. Involuntary establishment of paternity is done through a court proceeding where the court issues an “order adjudicating parentage.” The courts can order DNA testing which requires samples from the child, mother, and the alleged father.

Every Paternity Case is Unique

Allen & Roig, LLP is a group of San Antonio paternity attorneys with many years of experience representing both mothers and fathers in paternity issues. We understand not only Texas law, but the sensitivities that go along with reaching a legal resolution. In a court proceeding to establish paternity, both the mother and father have the right to be represented by a paternity attorney in San Antonio, TX during any stage of the process. Call us today, and we will work with skillfulness and compassion to resolve your case. Call (210) 377-2529 Today!