5 Common Myths (And 3 Truths) About Paternity And Father’s Rights In Texas

There are many misconceptions when it comes to paternity and father’s rights in Texas, and being able to separate fact from fiction could be the key to your involvement in your child’s life.  

Key Takeaways:

• Paternity is the term for legal fatherhood, and for unmarried fathers, there is a strict process to having it established

• Without established paternity, an unmarried father has no legal right to custody, visitation, or decision-making authority when it comes to their child, even if their name is on the birth certificate

• Once paternity is established, a man must petition the court to obtain custody and visitation rights, as paternity alone does not automatically grant them

As society progressively sheds its outdated views and moves toward progress and equality, the important role a father plays in the life of their child has never been more recognized or revered. No matter whether a man is married to the mother of his child or not, fathers still have legal rights to their children, but only if paternity (the term for legal fatherhood) is established. There are a lot of misconceptions out there when it comes to paternity and what a father’s rights actually are, which often lead to confusion and frustration, potentially discouraging a man from being involved in his child’s life. We are here to set the record straight and empower men with the knowledge and insights they need to confidently navigate the proper legal channels to establish their parental rights. In this blog, we’ll debunk some of the most common myths surrounding this issue, and then leave you with some truths you can put your trust in. 

Myth #1: Unmarried Fathers Automatically Have Parental Rights

When a married woman gives birth to a child, her husband is automatically presumed to be the father. When an unmarried woman gives birth to a child, paternity must be established, either through a voluntary acknowledgement of paternity (AOP) or through a court order. Therefore, unmarried fathers do not have automatic legal rights to custody, visitation, or decision-making authority for their child. An AOP is a document that allows parents who aren’t married to voluntarily establish legal paternity. To complete and file an AOP, both parents must work with an AOP-certified entity, which has been trained by the Texas Office of the Attorney General. The other route to establishing paternity is through a court order. Typically, one party (the mother or the man who believes himself the father of the child) files a petition with the court to establish paternity. The court will then issue a ruling on paternity based on evidence such as witness statements or DNA test results. Without going through one of these routes to establish legal paternity, unmarried fathers will have no rights to their child, including custody, visitation, or decision-making authority.

Myth #2: If My Name Is On The Birth Certificate, I Have Paternity Rights

This is a widely-circulated myth, and it’s understandable that many have believed it. Unfortunately, in Texas, simply having your name on the birth certificate does not establish legal paternity in Texas for an unmarried father. Again, the only two ways for an unmarried father to establish paternity and gain legal rights to their child, is to complete and submit an AOP or obtain a court order. 

Myth #3: Once Paternity Is Established, The Father Automatically Gets Custody

This is another myth that is easily believed to be fact, and understandably so. If a man is established to be a child’s legal father, why wouldn’t he automatically be granted time with the child? Well, the simple - albeit inconvenient - answer is that custody and visitation arrangements are a separate legal issue from paternity. So, a newly-established legal father of a child will have to file for custody or visitation if they wish to gain physical time with their child. 

Myth #4: Paternity Only Benefits One Party

Paternity doesn’t only benefit the mother, or only benefit the father. It benefits both parents, plus the child! 

• When paternity is established, the mother has another person to share the parental responsibilities and burdens with. Being a fully single parent with no support is immensely challenging. But when the child’s father is involved, mothers have someone they can lean on and share the emotional and physical weight of parenting with. Moreover, a mother might be entitled to child support from the father (depending on the circumstances) which ensures they are not bearing the full financial burden of taking care of their child. 

• Fathers, as already stated, benefit from establishing paternity because they gain legal rights to their children. They are able to petition the court for custody, visitation, and decision-making authority. This allows them to not only be a present and active figure in the lives of their children, but have a say in how they are raised, such as the kind of education they receive, the medical care they are subjected to, and the religious practices they are exposed to. 

• Finally, children benefit tremendously from having a legally-identified father. Data from numerous studies consistently demonstrates that children who grow up with active fathers in their lives perform better academically, are more emotionally stable, and develop stronger, healthier personal relationships. Furthermore, children benefit from inheritance rights, access to their father’s healthcare insurance and Social Security benefits, knowledge of family health history, and more!

Myth #5: If I Pay Child Support, I Have Visitation Rights

As already stated, custody and visitation are separate issues from paternity, and the same goes for child support. Regardless of whether the court has ordered you to pay child support,  you must petition the court to formally request visitation or custody. While child support ensures the financial welfare of the child, visitation and custody focus on your emotional and physical involvement in your child’s life, which is why these matters are handled through different legal processes. 

3 Truths To Focus Your Attention On Instead

Here are the 3 critical truths we’d like to leave you with:

Truth #1: Establishing Paternity Is Essential For Legal Rights.

Paternity is the first step in the custody/visitation process for an unmarried father. Without it, nothing else can happen, and you gain no legal standing to request to exercise your rights to your child.

Truth #2: Being On The Birth Certificate Is Not Enough.

While your name being on the birth certificate is, no doubt, important, it does not establish your legal paternity if you are an unmarried father. You must still establish paternity through an AOP or court order. 

Truth #3: Paying Child Support Does Not Guarantee Visitation Rights.

Though this may seem unfair, child support and custody/visitation are separate legal issues which are handled via separate legal procedures. Even if you’re paying child support, you must petition the court for time with your child. 

We’re Dedicated To Helping Dads Take The Next Step In Their Fatherhood Journey With Confidence! Call Hembree Bell Law Firm Today To Move Forward

Now that we’ve sorted out the facts from the fallacies, you can take charge of your future as a father! With our skilled legal team in your corner, you can properly establish paternity of your child. Then, we can help you understand your next steps as far as petitioning the court for custody, visitation, and decision-making authority. No matter what your goals are, you can trust us to get you there as quickly and cost-effectively as possible. Call today to book your free case evaluation and learn more.