Establishing Parentage in San Antonio: Protecting Your Rights and Your Child’s Future

In San Antonio and across Texas, the legal relationship between a parent and a child forms the foundation for some of life’s most important rights and responsibilities: custody, visitation, and child support. When this relationship is not automatically established, it requires formal legal action. At Barton & Associates, Attorneys at Law, our experienced San Antonio parentage attorneys provide compassionate and assertive guidance through paternity actions. We are dedicated to protecting your parental rights, securing your child’s emotional and financial well-being, and establishing the legal clarity every family deserves.

Why Establishing Legal Parentage is Critical in Texas

Parentage, often called paternity, is the legal establishment of a father-child relationship. For married parents, Texas law presumes the mother’s husband is the child’s legal father. However, for unmarried parents, no such presumption exists. A legal paternity action is necessary to create this binding relationship. The consequences of establishing parentage are profound and lasting:

• Legal Decision-Making Rights: A legal parent has the right to seek custody (conservatorship) and visitation (possession) orders.
• Financial Security for the Child: It enables the court to order essential child support, including medical and dental support.
• Access to Benefits: The child gains rights to the father’s health insurance, Social Security, veterans, and inheritance benefits.
• Personal Identity: It provides the child with a complete medical history and a fundamental sense of personal identity.

Failing to establish paternity can leave a loving father without enforceable rights to see his child or a dedicated mother without the financial support necessary for her child’s upbringing. Our family law attorneys help you navigate this crucial process with clarity and purpose.

Our Comprehensive Paternity Legal Services in Bexar County

Barton & Associates handles the full spectrum of parentage matters. Whether you are a mother seeking to establish support, a father seeking recognition of your rights, or an individual with questions about your legal status, we provide tailored legal strategies.

Establishing Paternity (Acknowledgement of Paternity)

For unmarried parents in agreement, the simplest method is to sign an Acknowledgement of Paternity (AOP). This form, often available at the hospital, birth registrar’s office, or the Texas Office of the Attorney General, voluntarily establishes the father as the legal parent. It is crucial to understand that signing this form is a serious legal decision with the same force as a court order. We advise clients on the implications of an AOP and ensure it is the right step for their family’s situation.

Filing a Suit to Adjudicate Parentage

When paternity is disputed or one party is uncooperative, it is necessary to file a formal Suit to Adjudicate Parentage in district court. As your advocates, we will:

1. File the Petition: We prepare and file all necessary pleadings to initiate the lawsuit in the appropriate Bexar County court.
2. Request Genetic Testing: If paternity is contested, the court will almost always order genetic testing. We manage the testing process, ensuring chain-of-custody procedures are followed and results are properly submitted as evidence.
3. Represent You at Court Hearings: We present your case before the judge, advocating for the establishment or denial of paternity based on the evidence and Texas law.
4. Secure a Final Order: Once paternity is established, we obtain a court order that legally declares the father-child relationship. This order is the foundation for subsequent orders on custody, visitation, and support.

Rescinding an Acknowledgement of Paternity

The law provides a limited window—60 days from signing or until a court case is filed—to rescind (cancel) an AOP. After this period, challenging paternity becomes vastly more difficult, requiring proof of fraud, duress, or material mistake. We provide urgent counsel to individuals who need to rescind an AOP or litigate the challenging process of disproving paternity after the 60-day period.

Related Matters: Custody, Support, and Name Changes

Establishing paternity is often the first step. Our integrated approach ensures we can seamlessly handle the next critical legal needs:

• Child Custody & Visitation (Conservatorship & Possession): Once paternity is established, we immediately pursue orders defining parental rights and duties, creating a possession schedule, and formulating a parenting plan in the child’s best interest.
• Child Support: We work to secure fair and enforceable child support orders calculated according to Texas guidelines, including provisions for healthcare and educational expenses.
• Retroactive Support: In many cases, the court can order support back to the child’s date of birth.
• Name Changes: We assist parents in petitioning the court to legally change the child’s surname to that of the father following a paternity establishment.

The Paternity Process in Texas: What to Expect

Understanding the legal journey can reduce anxiety. While each case is unique, most follow a general path:

1. Case Evaluation & Filing: We begin with a detailed consultation to understand your goals. Our office then drafts and files the initial petition with the court.
2. Service & Response: The other party is formally served with the lawsuit and has an opportunity to file an answer.
3. Genetic Testing (if disputed): The court orders a DNA test performed by an accredited lab. A simple cheek swab is highly accurate.
4. Temporary Orders (if needed): While the case is pending, we may seek temporary orders for custody, visitation, or support to provide immediate stability.
5. Negotiation & Mediation: Many cases are resolved through settlement negotiations or court-ordered mediation, where we work to reach an agreement on all related issues.
6. Final Hearing or Trial: If settlement is not possible, we present evidence and arguments at a final hearing before a judge, who will issue orders on paternity and all related matters.

Why Choose Barton & Associates for Your San Antonio Paternity Case

Navigating the intersection of emotional family dynamics and strict legal procedures requires a specific skill set. Our Family Law Division brings essential qualities to your case:

• Deep Texas Family Law Expertise: Attorney Gary J. Barton and our team have extensive experience in the Bexar County family courts. We know the judges, the procedures, and the most effective strategies for paternity actions.
• Compassionate, Client-Focused Advocacy: We listen without judgment and provide clear, honest advice. We understand you are fighting for your child and your family’s future.
• Aggressive Litigation When Required: While we always seek efficient, amicable solutions, we are fully prepared to litigate aggressively and persuasively in court to protect your rights.
• A Reputation for Integrity and Results: Our track record of successful cases and client testimonials speaks to our commitment to achieving positive outcomes for Texas parents and children.

Frequently Asked Questions About Texas Paternity Law

Q: Can a paternity case be filed if the alleged father lives in another state?
A: Yes. Under the Uniform Interstate Family Support Act (UIFSA), Texas can establish paternity and support even if the other parent resides out of state.

Q: How long does a father have to establish paternity?
A: A suit to establish paternity can generally be filed at any time before the child turns 18. However, for matters like retroactive support, acting promptly is advantageous.

Q: What if the genetic test says I’m not the father?
A: If the court-ordered genetic test excludes you as the biological father, the court will typically dismiss the paternity claim against you. An existing AOP may also be challenged.

Q: Does establishing paternity guarantee me custody or visitation?
A: Establishment grants you the right to request custody and visitation orders. The court will then make decisions based on the child’s best interest, which is the paramount standard in Texas.

Contact Our San Antonio Parentage Attorneys Today

The legal establishment of parentage is a pivotal step with lifelong implications. Whether you are seeking to affirm your role as a father or ensure your child has the support and benefits they deserve, you need knowledgeable legal counsel. The team at Barton & Associates, Attorneys at Law, offers the experience, dedication, and personal attention you need during this important time.

Schedule a confidential consultation with our San Antonio paternity lawyers to discuss your situation and learn how we can help you build a secure legal foundation for your child’s future. Call our office today at 210-500-0000 or complete our online consultation form. We serve families throughout San Antonio, Austin and Corpus Christi, Texas.

Main Category: Family Law
Practice Area Category: Child Custody
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000