Establishing who a child's real father is, can be an emotional and sometimes complicated puzzle. When multiple men come forward saying they are the baby's father, it is important for everyone involved to understand how these cases can be sorted out to ensure that the right man is legally recognized as the child's father. You need a skilled paternity Texas attorney to guide you through this complex and highly sensitive legal matter. 

How Is Paternity Determined?

Under Texas law, a man automatically becomes the father of a child if he is married to the child's mother when the baby is born or if the marriage ends within 300 days before childbirth. That is because the baby may have been conceived as a result of an infidelity. Or perhaps, the child's mother divorces a man and then ties the knot with another person within that 300-day timeframe. In both scenarios, the men could presume paternity.

In cases in which two men say that they are the fathers, it may be necessary to go to court. Both individuals will likely have to get some DNA testing done to determine who the biological father is and that person will be legally recognized as the child's father. 

Establishing paternity can be challenging even when the identity of the child’s biological father is clear. When there is uncertainty surrounding the father’s identity, it becomes even more complicated. In some cases, more than one man may have a presumption of paternity, or come forward with a claim of paternity in an effort to secure parental rights. It is important for both fathers and mothers to understand how these conflicts can be resolved to ensure that the correct man is recognized as the child’s father.

Competing Presumptions of Paternity

In Texas, a man is presumed to be the father of a child if he is married to the child’s mother when the child is born, as well as if his marriage to the child’s mother ended within 300 days before the child’s birth. While it is not especially common, it is possible for these presumption criteria to apply to two different men. For example, a child’s mother may have gotten divorced from one man and then remarried another man within this 300-day period. In other cases, only one man may have a presumption of paternity, while another man wishes to voluntarily acknowledge paternity because he believes himself to be the child’s biological father.

The easiest way to resolve such a situation is for a presumed father to complete and sign a Denial of Paternity. This allows the other presumed father, or the man who wishes to acknowledge paternity, to continue with the process of establishing legal parentage.

Aside from the many emotional implications of establishing paternity, there are also a variety of practical advantages. For example, establishing paternity gives a father certain parental rights, including claims to visitation and child custody. Unfortunately, the process can be complex and time-consuming, so if you are interested in establishing or denying paternity, it is important to contact an experienced child custody attorney.

Establishing Paternity

There are a few different ways to establish a father-child relationship, including:

A Harris County judge ordered the father of Beyoncé Knowles to pay over $120,000 in past-due child support and attorneys' fees, after a paternity test showed that he sired an out-of-wedlock child in 2010.

According to a ruling by state District Judge David D. Farr, Mr. Knowles knew of the pregnancy several years ago and gave $250,000 in "hush money" to the mother in exchange for her discretion. "Mr. Knowles has zero interest, and in this court's consideration on the evidence, zero capability of being a positive role model in the child's life," the judge added. The award represents $1,500 per month in past-due child support and $50,000 towards the mother's attorneys' fees; Judge Farr awarded full custody of the child to the mother.

Paternity

It appears that the United States Navy may be the latest organization to jump on the bandwagon of extended paternity leave for new fathers.

During a recent visit to Pearl Harbor, Hawaii, Admiral John Richardson presided over an impromptu meeting that included himself, Master Chief Petty Officer of the Navy Mike Stevens, and ten sailors who had become new fathers within the past year. Currently, the Navy provides ten days of paid paternity leave, and Admiral Richardson asked the sailors what they believed a reasonable leave policy would be. After a brief conference, they proposed 30 days of paid leave. Admiral Richardson told the group that "it's great to get a sense for what your input will be," and he promised to pass the recommendation along to his superiors in Washington.

The meeting comes shortly after the Navy tripled paid maternity leave to 18 weeks. In the last several months, Amazon, Netflix, Microsoft, and other large companies have all expanded their paternity leave plans, or at least are considering such action.