In Texas can a father demand a paternity test?

Question

If the Father refused to sign the acknowledgment of paternity can he later come back and demand a paternity test so he may get full/partial custody? I dont beleive since he is not on the birth certificate that he does not have legal rights at all. Please dont get me wrong, I dont want to keep my child from his father. I just dont beleive he is mentally stable to be around us and I can support my son on my own. I am not after money, I just want him out of my life. With him it is not about his Son, it is about a fight for control and he is constantly threatning me. I just think he should seek mental help befor trying to be in our lives. He is just a dirty fighting vile man and I want to know how far he can take it if I dont file for child support.

Answer 1

Do you contestt that he is the father?

Because if you do not contest that he is the father, then a paternity test is irrelevant and he can sign an acknowledgement.

If he didn't acknowledge paternity at the hospital, he could always acknowledge paternity before the court at any time in subsequent court proceedings.

If he does that, he is subject to child support of the minor child.

If you are contesting that he is the father, then then you or the court could force a paternity test.

Based on your bolded question, your case is an anomoly, where the father actually wants to be on the hook for child support and is demanding a paternity test. That's pretty weird, but that's his perogative.

Of course, the state's public policy is to encourage parents to take responsibility for the minor child where and when they can.

Of course, usually, it's the mother demanding the paternity test of a dead beat dad who refuses to pay child support.

If your real worry is that a bad man is trying to edge his way back into your child's life, then it all boils down to one question:

What's in the best interests of the minor child?

To protect the child's interest, the court will appoint a guardian ad litem (GAL). This is a distinguished lawyer who's opinion the court can trust.

The GAL pretty much determines what's in the best interest of the minor child, not the father.

So if you have evidence that the father is mentally defective, then the GAL needs to know about that.

Sounds like the father is not responsbile, was not responsible at the hospital, and him having anything less than supervised brief infrequent visitation of the minor child is what is best for the minor child.

Potentially, father could file a Motion for Child Custody andif yo wait for father to file a Motion for Child Custody, get the GAL on your side right away.

If you know for sure that father intends to file such action, I advise getting on the offensive and file your own Motion for Child Custody, seeking primary or full physical custody, and either full or joint legal custody. And request appointment of a GAL and get the GAL on your side right away. Do this ASAP!

That's it in a nutshell.

Answer 2

What if the father does not believe the child is his? He can ask for paternity testing. A court will look at the results of the paternity test and at other evidence that would link the father to the child. The father should not sign an AOP if he wants DNA testing.

Who pays for paternity tests? If there is a case file open with the Child Support Division, the Office of the Attorney General will pay for the tests. If the tests do show that the man is the biological father of the child, he may be ordered to repay the costs of the tests. The father may go to a private lab.

How does paternity establishment affect custody and visitation? Each parent has the duty to financially and emotionally support his/her child. Each parent has the right to visitation, except under exceptional circumstances. If the parents cannot reach an agreement, child support and visitation will be decided by a court. Both parents must obey the court order - a parent cannot refuse to pay support because the other is refusing visitation, and vice versa.

If the father cannot be at the hospital at the time of birth, the AOP can be done at the local county birth registrar's office, at a child support office, or any certified entity.
(so basically this says if he didn't sign at the time he can at anytime)


Hospital staff cannot answer any legal questions. Only an attorney can give legal advice. If you have questions about filing the AOP, please contact the Office of the Attorney General's Paternity Opportunity Program at 866-255-2006, toll-free, 210-804-6485 locally, or by e-mail: [e-mail].

Answer 3

He regrettably does have the right to request a paternity try yet really by the courts. which potential he might want to ought to get a courtroom order. contained in the intervening time, if he's extremely that volatile and also you extremely favor to dodge him from being round you, take this because the perfect chance to bypass. I recommend out of state because the guidelines might want to be really diverse and it would want to also be harder for him to the contact/locate you. it will be troublesome for you before everything yet each so often you should do what you should do. yet in case you stay, be prepared that he has each good to ascertain that toddler at every time. And if i'm not incorrect, say he receives to carry the toddler for even in a minute, at present he can refuse to furnish the baby lower back because you've not any baby visitation/custody so as yet. He might want to not be on the beginning cert yet he's the organic and organic father and that still supplies him rights.

Answer 4

As a father he as the right. But unless you're unfit mother you have nothing to worry about. check out www.fathermag.com
Best of luck!

Answer 5

He can file...and he'll probably get it, however, he will then have to pay support, and if you can clearly prove all of this about him, he will get limited, supervised, or no visitation.