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Establishing Parentage: Securing Your Rights and Your Child's Future
Establishing paternity is a pivotal step that unlocks a world of rights, responsibilities, and benefits for both parents and children. At Lishman Law, we provide skilled, compassionate, and dedicated legal assistance to help you secure a stable, legally sound future for your family.
What Is Paternity and Why Is It Important?
Paternity, in its simplest form, is the legal determination of a child's father. However, its significance extends far beyond a label. Establishing paternity gives the child the right to receive financial support from both parents, the right to inherit from their father, and the right to access their father's medical history.
For the father, establishing paternity grants the legal right to seek custody and visitation with their child, fostering a meaningful and lasting parent-child relationship. Ultimately, establishing paternity creates a solid legal foundation for a child's well-being and future security.
Establishing Paternity: Rights and Responsibilities
Establishing legal parentage unlocks a set of clearly defined rights and responsibilities for both the father and the child.
Aside from gaining the fundamental right to seek custody and visitation with their child, the legally recognized father also gains the right to have a say in important decisions regarding the child's education, healthcare, and religious upbringing. Furthermore, the child gains the right to inherit from their father and his family.
Paternity gives the father the legal responsibility to provide financial support for their child, ensuring that the child's basic needs are met.
Who Needs a Paternity Attorney in San Antonio?
A knowledgeable and experienced paternity attorney can provide invaluable guidance, ensuring that your rights are protected and your child's best interests are prioritized in any situation:
- Unmarried Parents When parents are not legally married, establishing paternity can ensure that both parents have clearly defined parental rights and responsibilities.
- Disputes over Parentage If there is uncertainty about who the child's biological father is, a paternity action can legally determine parentage through scientific evidence.
- Seeking Child Support or Custody Before either parent can seek court orders for child support payments or establish a custody arrangement, legal paternity must be established.
Contact Lishman Law for a free consultation.
Schedule a free consultation with Lishman Law, PLLC.
The San Antonio Paternity Process: What to Expect
Navigating the legal process of establishing paternity in Texas can seem daunting, but understanding the steps involved can empower you to move forward with confidence:
If both parents are in complete agreement about the child's father, they can voluntarily sign an Acknowledgment of Paternity (AOP) form. When this form is properly completed, witnessed, and filed with the Texas Department of Family and Protective Services, it legally establishes paternity without the need for further court action.
In situations where the parents do not agree on the child's father or if one parent is unwilling to sign a voluntary Acknowledgment of Paternity, a formal paternity lawsuit must be filed with the court to initiate the legal process of determining parentage. This lawsuit sets the stage for genetic testing and other legal proceedings.
Genetic testing, most commonly performed through a simple and non-invasive DNA test, provides the most accurate and reliable method for establishing biological paternity. In a paternity lawsuit, the court will typically order genetic testing to determine the child's biological father with a high degree of certainty.
How Lishman Law Can Help You Navigate the Paternity Process
We can provide comprehensive legal support throughout every stage of the paternity process, ensuring your voice is heard:
Experienced Guidance
We will provide you with clear and practical advice, ensuring you understand your rights and options.
Personalized Approach
We’ll take the time to listen to your concerns and develop a strategy tailored to your unique circumstances.
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Dedicated Advocacy
We are committed to protecting your rights and advocating for your best interests, whether through negotiation or litigation.
What Our Clients Say
Our Team
Sarah Anne Lishman was born and raised in San Antonio, Texas, where she graduated with honors from Communications Arts High School. She earned a bachelor’s degree from Eastern New Mexico University in 2005, majoring in History and minoring in English. After obtaining her undergraduate degree, she returned to San Antonio and attended St. Mary’s University School of Law.
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Areas We Serve
Lishman Law proudly provides dedicated paternity legal services to clients throughout San Antonio and the surrounding communities in Texas. We are committed to serving the diverse needs of families and individuals across a wide geographic region.
- Bexar County
- San Antonio
- Leon Valley
- Universal City
- Live Oak
- Converse
- Guadalupe County
- Seguin
- New Braunfels
- Cibolo
- Staples
- Schertz
- Kendall County
- Boerne
- Kendalia
- Fair Oaks Ranch
- Bergheim
- Comfort
- Atascosa County
- Pleasanton
- Poteet
- Jourdanton
- Lytle
- Charlotte
- Comal County
- Bulverde
- Spring Branch
- Canyon Lake
- Medina County
- Hondo
- Natalia
- Devine
- LaCoste
- Castroville
- Wilson County
- Floresville
- Sutherland Springs
- La Vernia
- Poth
- Stockdale
- Kerr County
- Kerrville
- Center Point
- Ingram
- Mountain Home
- Hunt
- Gillespie County
- Fredericksburg
- Luckenbach
- Harper
- Doss
- Stonewall
- Bandera County
- Bandera
- Lakehills
- Pipe Creek
FAQ
If the alleged father refuses to voluntarily submit to genetic testing, we can petition the court to order him to take a DNA test. Refusal to comply with a court order can result in sanctions, including the court drawing a negative inference and establishing paternity based on other evidence.
In Texas, child support can be ordered retroactive to the date of the child's birth, but there are limitations. Generally, the court can order retroactive support back to the date of the parents’ separation, provided that the mother can demonstrate the father knew or should have known about the child.
In Texas, if the mother is married to someone else when the child is born, her husband is presumed to be the child's legal father. In order to establish paternity with the biological father, it will be necessary to overcome this presumption through genetic testing and a court order. Lishman Law can help you navigate this complex legal situation.
In some circumstances, paternity can be disestablished if it was previously established based on mistaken facts. Our team can advise you on whether disestablishment is possible in your case.
Establishing paternity when the alleged father lives in another state can be more complex, but it is still possible. The Uniform Interstate Family Support Act (UIFSA) provides a framework for establishing and enforcing child support orders across state lines. Lishman Law can help you navigate the interstate paternity process and ensure that your rights are protected.
Secure Your Child's Future — Contact Lishman Law Today
Establishing paternity is a crucial step toward protecting your child's well-being and securing your parental rights. Don't navigate this complex process alone. Contact us for a free consultation, and let us guide you toward a brighter future for your family.