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What Is A Presumed Father?

Establishing the parent-child relationship between a mother and her child is obviously very straightforward and simple.  Legally establishing the parent-child relationship between a father and child is more complicated.  Today's blog post will address the establishment of paternity in the context of the legal presumption of paternity.

The father-child relationship is established  by a legal document known as an "Acknowledgement of Paternity", a court adjudication of paternity, adoption by the man, or an unrebutted "presumption" of paternity.  

A man is presumed to be the father of a child if:

(1) the child is born during the man's marriage to the mother, or the child is born within 300 days after the marriage is dissolved. 

(2)  he married the mother after the child's birth, voluntarily asserted his paternity of the child and (a) the assertion is in the records of the vital statistics  unit, (b) he is voluntarily named as the father on the birth certificate; (c) he promised to support the child as his own OR (d) during the first two years of the child's life, he continuously resided with the child and represented to others that the child was his own. 

A presumption of paternity may be rebutted by an adjudication (Court order) that he is not the father, or an adjudication that another man is the father.  DNA testing may be ordered by the Court to establish paternity and make the proper adjudication.  A presumption of paternity may also be rebutted by the filing of a Denial of Paternity by the man and an Acknowledgement of Paternity filed by another man.    

If you have questions about paternity, or want to obtain a court adjudication establishing the parent-child relationship, you don't have to go through the journey alone.  Parents need quality legal representation to ensure that their rights are effectively protected in such matters.  Christiansen Law Firm assists parents with establishing the parent-child relationship.  The family law attorneys of Christiansen Law Firm have extensive experience in representing parents in paternity suits. Contact the offices of Christiansen Law Firm in Houston or San Antonio to schedule a free consultation.     

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