Jump to Navigation

What is meant by presumption of paternity?

In Texas, there are certain situations in which paternity is presumed without any genetic testing. In these cases, a presumed father might be the actual biological father of a child. However, a presumed father might also object, claiming not to be the actual biological father. It is helpful to understand under what conditions a presumption of paternity is made and how to rebut such a presumption if there is a disagreement with that presumption.

A man may be presumed to be a child's father if he is married to the mother of the child and that child is born during the period in which the couple is married. If a divorce has occurred, a child born prior to the 301st day following the dissolution of the marriage is deemed to be a child of the marriage. Similarly, a child born prior to 301 days passing after a marriage ends through death or other circumstances results in a presumption of paternity. A man is also considered the presumed father if he legally marries the mother prior to the child's birth and if the child is born within 300 days of a termination of the marriage.

A man may be considered the presumed father by marrying a child's mother after the birth and also voluntarily recording an assertion of paternity. In addition to filing an assertion, it is necessary for the presumed father to be voluntarily listed on a birth certificate and for him to promise on the record to provide financially for the child's support. A presumption of paternity may also be made if a man has resided in a household where the child lives for the first two years of life while also representing that the child is his.

If a presumed father chooses to rebut, the issue may go through an adjudication process unless a valid denial of paternity is filed while another individual files a valid acknowledgement as the father. This may be coordinated with legal counsel to ensure that court requirements are met.

Source: Texas Constitution and Statutes, "CHAPTER 160. UNIFORM PARENTAGE ACT", November 17, 2014

No Comments

Leave a comment
Comment Information

Tell Us About Your Case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

[Picture of Bruce Turner]

Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

Bruce Turner - Attorney Profile Subscribe to This Blog's Feed

Office Locations

Turner, Bruce E.
1603 Lyndon B. Johnson Freeway Suite 280
Dallas, TX 75234

Phone: 800-486-9553
Fax: 214-373-2570
Dallas Law Office Map

FindLaw Network
Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

Attorney Bruce Turner is located in Dallas and represents people and businesses throughout DFW and the Metroplex, including Denton, Carrollton, Lewisville, Flower Mound, Farmers Branch, Irving, Las Colinas, Corinth, Highland Village, The Colony, Plano, Frisco, Allen, McKinney, Mesquite, Grand Prairie, Garland and Grapevine as well as Collin County, Denton County and Dallas County in Texas.

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.