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.
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