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What Can I Do if My Ex Says I Am Not the Baby's Father?

 Posted on September 19, 2023 in Paternity

TX family lawyerEstablishing 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. 

What Are Competing Claims of Paternity?

There are circumstances in which a man and the child's mother may want to sign an Acknowledgment of Paternity voluntarily to establish a blood relation. However, if another man pops into the picture saying that he is the father things can get complicated, and genetic testing may be necessary.

What is Denial of Paternity?

When one of the presumed fathers agrees to sign a Denial of Paternity, he is basically denying paternity and walking away from the matter. This allows the remaining presumed father who wants to acknowledge paternity, to proceed with the legal process and confirm whether or not he is the biological father.

Schedule a Consultation with an Austin, TX Paternity Lawyer

If you find yourself in a situation where you are competing with another man to establish your legal rights as a father, it can be a complex journey. At Powers and Kerr, PLLC, we are here to guide you through the legal process. An Austin paternity attorney can represent you when it comes to confirming paternity. Give us a call at 512-610-6199 to find out more.

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