The Love DuCote Law Firm LLC Legal Blog

Establishing paternity in child custody cases may be challenging

Since not all parents are married, state law provides a procedure to establish paternity. Once a court rules a particular man is the legal father of a child, he gains all the rights and responsibilities that go with being a parent, including pursuing child custody. Proving that a particular Sugar Land man is the biological father of a child seems like it would be easy, but without the cooperation of the mother, it can prove anything but easy.

The law considers it fraud to secretly obtain a DNA sample and test it. A Sugar Land man who believes he is the biological father of a child will need to obtain a sample for testing through legal means. If the mother initially refuses, it may be possible to change her mind through negotiations. Understanding the mother’s reticence, explaining the reasons for wanting the test and remaining calm could work.

Of course, these tactics may not work. The potential father in question does not have to simply abide by the mother’s decision, however. He could take the mother to court and request a DNA test. More than likely, the court will enter an order requiring the test. If the results establish that the man is the father, he then receives parental rights.

Those parental rights include the ability to pursue child custody or visitation. Going through this process can be heart-wrenching and rewarding at the same time, but there is always a lot at stake. In order to improve the chances of the outcome a man seeks, he could seek out the advice and assistance of an experienced family law attorney.

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