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Petition To Adjudicate Parentage In Texas
Adjudication of Parentage
It is not always clear who a child’s parents are, which usually leads to a court having to make a determination to establish who has parental rights for a child. The court does this in what is called an Adjudicate Parentage proceeding. In most cases, it is fathers that request for this proceeding so that they can get parental rights. The law can also be used to determine the identity of the child’s mother.
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Filing For Adjudicate Parentage
In Texas, the following are allowed to file for adjudicate parentage:
- The child’s mother
- Child placement and adoption agencies
- The child or the child’s representative
- Representatives of deceased individuals who could have brought an Adjudicate Parentage action had they been alive
- A person that agrees to be the parent of a child born via assisted reproduction
- The child’s potential father whose paternity is yet to be established
The Adjudicate Parentage Filing Process
First, you will need to file a completed “Petition to Adjudicate Parentage” with the court where the child lives (a family law attorney can help with this). To allow the other party to respond, that party will receive a copy of the petition after you file. Then there will be a proceeding that all parties involved will have to attend. In this case, the parties involved are the mother and the presumed father of the child. The court can then order for a DNA test, but it can choose to ignore DNA results if it determines that it is in the child’s best interests to do so. After the DNA test, the court will issue the Adjudicate Parent Order to declare the named parent as the father of the child. This will give that individual all the rights and responsibilities of a parent.
- Divorce Lawyer
- Child Support Attorneys
You should know that there is a time limitation for filing an adjudication of parentage if there is a presumed father. In this situation, you have to file within four years from the date the child was born. However, there is no time limitation if there is no presumed father. A mother may also not be allowed to litigate the parentage of a child if she had refused DNA testing for that same purpose in prior years. You are allowed to file an adjudication of parentage before or after the child is born.
Rights And Responsibilities Gained By The New Adjudicated Parent
A newly adjudicated parent has the following rights and responsibilities:
- You have the right to seek legal custody of the child in a situation where you and your ex fail to agree on who will be the custodial parent
- You have the right of regular contact, which simply means you have the right for regular visitation with your child
- You have the right to be involved in decision making about the child’s healthcare, religion, and education
- You have the right to manage the child’s assets, and legal and financial affairs
Adjudicated Father – Definition
If you are a father and you suspect that your ex gave birth to your child, consider filing a Petition to Adjudicate Parentage so that you can avoid a future retroactive child support case. You can consult a resourceful and experienced family lawyer to help you file it.