Houston, Texas Paternity Attorney
In Texas when a child is born to a man and woman who are not married to each other, the child’s needs are addressed through the filing of an Original Suit Affecting the Parent-Child Relationship (a “SAPCR”) and includes a request to legally establish (“adjudicate”) the parent-child relationship between the father and the child. This area of Texas Family Law is complex and often quite confusing for most people. Paternity cases can also be particularly difficult in that the man and woman may not have had any intention of having a long term relationship with each other, but they are now bound together as parents for the rest of their lives. The parties may not have much in common and they must now find a way to co-parent their child and address the child’s financial needs over the course of many years when they may have vastly different values and beliefs with regard to parenting and life in general.
As an experienced Houston family law attorney I have handled many paternity cases over the years in which I have represented both men and women. I am not here to judge you or criticize you for decisions you have made. On the contrary, my goal is to protect your interests, and guide you through what may very well be one of the loneliest, most difficult, upsetting, and frightening times in your life. I am committed to providing you with the time and personal attention you need in order to help you develop realistic goals and objectives and to understand the process of resolving your paternity case by discussing your various options, and ease your worries and concerns, as you make difficult and life changing decisions that will affect you and your child as you face the prospect of co-parenting with a man or women you may not have intended to marry or ever have a long term relationship with.
In handling any paternity case, I believe the starting place is to determine exactly what the facts are with respect to the child. In most instances the mother-child relationship is legally established by merely showing that the woman gave birth to the child. Obviously a man cannot give birth to a child. Thus, in the case of a man, the father-child relationship is legally established by (1) “an effective acknowledgment of paternity” (unless the acknowledgment has been rescinded), (2) an adjudication of a man’s paternity, (3) an adoption of the child by the man, (4) an unrebutted presumption of the man’s paternity of the child (the easiest example is when a child is born to a married woman and the husband is not the father, the husband is presumed to be the father of the child), or (5) a man consents to assisted reproduction by his wife which resulted in the birth of a child. Each of these situations present a different set of problems and must be handled differently. In some instances the Office of the Texas Attorney General is involved or may need to be given notice and made a party to the suit.
Disagreements concerning the child often arise over who will make what parenting decisions, how parenting time (visitation) will be allocated (and this is particularly true when a child is under three year sof ag), who will have the right to designate the primary residence of the child, whether or not there will be a geographic residence restriction for the child, determining child support, providing medial support for the child (including health insurance and payment of medical expenses not covered by insurance), international and long-distance travel between the parents.
As a skilled paternity and family law attorney in Houston that’s licensed to practice law in the state of Texas since November, 1986, I have handled many paternity cases in which I have represented both men and women. I believe there is a time to be aggressive and a time to not be aggressive. When both parties are represented by experienced and ethical attorneys, they are usually able to reach an acceptable agreement and avoid the necessity of trial. In most instances, the parties will be required to go through the formal negotiation process of mediation. In order to make the mediation process effective, it is necessary to be well prepared and select a mediator suitable for the client’s case. In some instances, a paternity case might be handled through the Collaborative Law Process. In the Collaborative Law process the parties are able to work at their own pace and are not as tied to the Court schedule. The Collaborative Law process may be particularly well suited to professionals, and others who may have significant public recognition, and schedules that demand the kind of flexibility that the court typically does not have the ability to provide. The Collaborative Law process affords people a much greater degree of privacy with regard to their personal and financial matters, and allows them to work toward a mutually agreeable resolution.
As an experienced Houston family law attorney, it is my goal to make the process of resolving your paternity case flow as smooth as possible. At the Lybarger Law Firm, we understand the importance of educating our clients about their rights in regards to establishing the parent-child relationship and handling paternity cases in Texas.
If knowing your rights and knowing exactly what it is you’re entitled to is important to you, call or email us today to schedule your initial consultation.
