How to I make the Father of my Child acknowledge Paternity in Texas?
Full Question:
My 8-month-old child is born out of wedlock. I was having a steady relationship with the child’s father and we were, in fact, planning to get married. But, things took a different turn when he left Texas for a new job. I want him to acknowledge the paternity of our child. What should I do to make him the father of my child in all legal documents?
12/05/2016 |
Category: Paternity » Court Action |
State: Texas |
#27524
Answer:
The party to a proceeding to adjudicate paternity may request for genetic testing, and such an order is enforceable by contempt. The genetic testing report is admissible as evidence of the truth of the facts asserted in the report. If the results of genetic testing do not rebut other results of genetic testing, the court shall adjudicate the man identified as the father of a child under the test as the father of the child.
The relevant law relating to adjudicating paternity is set out as:
“(a) A civil proceeding may be maintained to adjudicate the parentage of a child.” Family Code Sec. 160.601.
“STANDING TO MAINTAIN PROCEEDING. (a) Subject to Subchapter D and Sections 160.607 and 160.609 and except as provided by Subsection (b), a proceeding to adjudicate parentage may be maintained by:
(1) the child;
(2) the mother of the child;
(3) a man whose paternity of the child is to be adjudicated;
(4) the support enforcement agency or another government agency authorized by other law;
(5) an authorized adoption agency or licensed child-placing agency;
(6) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, is incapacitated, or is a minor;
(7) a person related within the second degree by consanguinity to the mother of the child, if the mother is deceased; or
(8) a person who is an intended parent.
(b) After the date a child having no presumed, acknowledged, or adjudicated father becomes an adult, a proceeding to adjudicate the parentage of the adult child may only be maintained by the adult child.”
Sec. 160.602.
“STANDING TO MAINTAIN PROCEEDING. (a) Subject to Subchapter D and Sections 160.607 and 160.609 and except as provided by Subsection (b), a proceeding to adjudicate parentage may be maintained by:
(1) the child;
(2) the mother of the child;
(3) a man whose paternity of the child is to be adjudicated;
(4) the support enforcement agency or another government agency authorized by other law;
(5) an authorized adoption agency or licensed child-placing agency;
(6) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, is incapacitated, or is a minor;
(7) a person related within the second degree by consanguinity to the mother of the child, if the mother is deceased; or
(8) a person who is an intended parent.
(b) After the date a child having no presumed, acknowledged, or adjudicated father becomes an adult, a proceeding to adjudicate the parentage of the adult child may only be maintained by the adult child.”
Necessary parties and personal jurisdiction:
“The following individuals must be joined as parties in a proceeding to adjudicate parentage:
(1) the mother of the child; and
(2) a man whose paternity of the child is to be adjudicated.”
Sec. 160.603.
“PERSONAL JURISDICTION. (a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(b) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual or the guardian or conservator of the individual if the conditions in Section 159.201 are satisfied.
(c) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.”
“The following individuals must be joined as parties in a proceeding to adjudicate parentage:
(1) the mother of the child; and
(2) a man whose paternity of the child is to be adjudicated.”
Sec. 160.603.
“PERSONAL JURISDICTION. (a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(b) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual or the guardian or conservator of the individual if the conditions in Section 159.201 are satisfied.
(c) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.”
Sec. 160.604.
Conditions to exercise personal jurisdiction over a nonresident individual pursuant to Sec. 159.201:
“(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(1) the individual is personally served with citation in this state;
(2) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) the individual resided with the child in this state;
(4) the individual resided in this state and provided prenatal expenses or support for the child;
(5) the child resides in this state as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(7) the individual asserted parentage of a child in the paternity registry maintained in this state by the vital statistics unit; or
(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction listed in Subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Section 159.611 are met, or, in the case of a foreign support order, unless the requirements of Section 159.615 are met.”
(1) the individual is personally served with citation in this state;
(2) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) the individual resided with the child in this state;
(4) the individual resided in this state and provided prenatal expenses or support for the child;
(5) the child resides in this state as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(7) the individual asserted parentage of a child in the paternity registry maintained in this state by the vital statistics unit; or
(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction listed in Subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Section 159.611 are met, or, in the case of a foreign support order, unless the requirements of Section 159.615 are met.”
Law relating to genetic testing is set out as:
“ORDER FOR TESTING. (a) Except as otherwise provided by this subchapter and by Subchapter G, a court shall order a child and other designated individuals to submit to genetic testing if the request is made by a party to a proceeding to determine parentage.”
Sec. 160.502.
“ADMISSIBILITY OF RESULTS OF GENETIC TESTING; EXPENSES. (a) Except as otherwise provided by Subsection (c), a report of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report.”
Sec. 160.621.
“CONSEQUENCES OF DECLINING GENETIC TESTING. (a) An order for genetic testing is enforceable by contempt.”
Sec. 160.622.
“ Unless the results of genetic testing are admitted to rebut other results of genetic testing, the man identified as the father of a child under Section 160.505 shall be adjudicated as being the father of the child.”
Sec. 160.502.
“ADMISSIBILITY OF RESULTS OF GENETIC TESTING; EXPENSES. (a) Except as otherwise provided by Subsection (c), a report of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report.”
Sec. 160.621.
“CONSEQUENCES OF DECLINING GENETIC TESTING. (a) An order for genetic testing is enforceable by contempt.”
Sec. 160.622.
“ Unless the results of genetic testing are admitted to rebut other results of genetic testing, the man identified as the father of a child under Section 160.505 shall be adjudicated as being the father of the child.”
Sec. 160.631(c).
To conclude, Texas law permits adjudication of paternity, and the details of the father of the child may be entered in child’s birth certificate also pursuant to Sec. 192.005 of Health and Safety Code: “(a) The items on a birth certificate relating to the child's father shall be completed only if: … (2) paternity is established by order of a court of competent jurisdiction …”