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.

Why establish paternity?

• According to Texas law, a child born to two parents who are not married has no legal father. When the parents complete an Acknowledge of Paternity (AOP) to establish legal fatherhood because there is a difference between a legal father and a biological father. An AOP helps to secure legal rights of the child.
• Until paternity is established, child support cannot be ordered by the courts.
• Until paternity is established, the father cannot enforce his right to visitation or possession of the child.
• If paternity is established, the father can help to provide health insurance and other benefits for the child.
• Some health problems such as disorders inherited from parents do not appear later in the child's life after birth, having the medical history of both the mother and the father will help doctors to know how to treat the child.

What is included in "establishing paternity"?

After both parents sign an Acknowledgement of Paternity, it is filed with the Bureau of Vital Statistics and the biological father becomes the legal father as well. After the paternity is established, the father's name is added to the birth certificate. After being established, the father can be ordered to pay child support and grant him possession or visitation of his child.