Parentage / Paternity

Lawyer Serving the Dallas / Fort Worth Metroplex

It is often very important to prove that someone is a biological parent of a child. Even if you know who the father is, you have to go through a formal paternity process to get the courts to recognize it. Attorney Jimmy Ira Carter, of Dallas, Texas, can help anyone in Dallas County, Denton County, Collin County, or Tarrant County with any paternity or parentage issue.

Jimmy can represent people trying to establish paternity or people trying to contest it. He can take you through the process of DNA testing and all the legal requirements. If you have a complex dispute over paternity, he can use his 12 years of experience and work toward the result you need. Contact us any time.

Children Born Out of Wedlock

Most often, paternity cases involve a baby born out of wedlock. The mother may insist that a certain man is the father and that he should pay child support. If the man denies this, the only way to settle it is to sue for paternity.

It is best to resolve such a situation as early as possible. Sometimes, a person will have a child out of wedlock but will have no money to go to the attorney general and get child support. Many years will then go by, and unpaid child support will pile up.

When the mother actually does sue for child support, it can be retroactive to the birth of the child. This means that if a child is 8-10 years old, a paternity case can mean a $50-60,000 judgment. This is rare, but it does happen occasionally.

Marriage and Paternity

Any child born to a married mother is presumed by the courts to be the child of her husband. If the child is actually not of her husband, things can get complicated.

Paternity cases sometimes involve people in long-term relationships that have not been recognized by the court for one reason or another. It could be a common-law marriage that isn’t legally binding, for example. Even if the father is already supporting the child, it is important to formalize paternity for reasons such as rights to inheritance, rights of a parent after the death of the mother, rights as to a third party, such as a "step parent," etc.

Make Sure You Are Divorced

Messy paternity issues often come up when someone gets a divorce but does not get it finalized, and fails to tell a lawyer or ex-spouse. If the woman then has a child in another relationship, that child will be presumed by the court to be the child of the ex. Of course it isn't, but it can take complex litigation to clear this up.

Does a Name on a Birth Certificate Count?

In Texas, you are typically presumed to be a child's parent if your name is on the birth certificate and you acknowledge your parentage at the hospital. However, you are not necessarily legally adjudicated as the parent of the child. Only if you are married to the mother of the child can you safely assume that you are the father in the eyes of the law.

Not being legally adjudicated can be a serious problem for a father -- there are many rights over the child's affairs that you cannot have if you are not legally recognized as the father. For example, you can not get a possession order that establishes a custody arrangement. You would first need to sue to establish paternity.

Contact Us

If you have any questions about paternity matters in Texas, contact us and speak with our experienced attorney. Call us at (972) 385-3952 and you will either get through immediately or we will get back to you within 24 hours. We take all major credit cards, and can make evening and weekend consultations by appointment.