How Can I Establish Paternity if My Child’s Father Will Not Cooperate? 

 Posted on September 06,2022 in Family Law

While establishing paternity is not always easy or straightforward, doing so is important for a number of reasons. Every child deserves to know his or her father, and extensive research on the subject is very clear that children do better by every measurable outcome when fathers are involved in their lives. Furthermore, a mother deserves help from a child’s father, even if it is only in the form of child support. Finally, fathers deserve to be given a chance to uphold the responsibility they share for bringing a life into the world. 

Despite many good reasons to establish paternity, some men resist cooperating. They may hope that the mother will eventually give up or that, by dodging DNA testing or court dates, they will not be saddled with child support payments. Fortunately for mothers, Texas courts give them options as they seek to establish paternity, even when a child’s father is trying to avoid responsibility. To learn more about proving paternity, read on and then contact a Texas paternity lawyer for help with your case. 

How Can I Prove Paternity? 

Texas law allows paternity to be established in one of three ways. The most common way is through marriage - when married couple has a baby together, the father is automatically assumed to be the child’s legal parent. 

If parents are not married, both parents can sign an Acknowledgment of Paternity (AOP) at the hospital immediately following a child’s birth. If it is not signed at the hospital an AOP can also be signed at a later date and submitted to theTexas Department of State Health Services. However, an AOP requires cooperation from both parents who must be willing to sign the AOP in the presence of witnesses. 

Another way to establish paternity is by using an Administrative Paternity Order. When a man agrees to submit to a DNA test, the process is fairly straightforward. Both parents and the child submit cheek swabs to a laboratory where the father’s biological relationship to the child can be confirmed with 99 percent accuracy.

If a father refuses to submit to a DNA test, he may be held in contempt of court; if he still refuses, DNA samples may be collected from his parents or siblings. Even without DNA, an Administrative Paternity Order can be submitted anyway, and a man can be legally declared a child’s father, although these cases are rare. When ordered by a court, even the most reluctant fathers will typically comply. 

Meet with a San Antonio Paternity Lawyer

Establishing paternity is important for a child’s mother, a child’s father, and, most importantly, for the child. If you need help establishing paternity with an uncooperative father, call the offices of Brandon Wong & Associates today at 210-201-3832. We offer comprehensive consultations so you can get a sense of your options and how we can help. Call our team of Bexar County paternity lawyers now. 

Sources: 

https://www.texasattorneygeneral.gov/child-support/paternity

https://www.texasattorneygeneral.gov/child-support/paternity/acknowledgment-paternity-aop