How is custody typically handled when paternity is in dispute?

In Texas, when paternity is in dispute, custody is typically handled through a process known as DNA Testing. When one parent or guardian believes that their child’s father is not the biological father, DNA Testing can be done to determine if the alleged father is the biological one. The Texas Court of Appeals has ruled that DNA Testing is the most reliable form of evidence when determining paternity. If paternity is confirmed or determined through DNA Testing, the court will decide on custody of the child. Generally, the court will award joint legal custody, which allows both parents to have a say in decisions related to the child’s upbringing and welfare. The court may also award sole physical custody, which grants one parent the right to make any decisions related to the child’s day-to-day care and to determine where the child lives. In some cases, the court may grant something known as a split custody agreement, which is an arrangement that divides physical custody between both parents. If two parents cannot come to an agreement regarding custody, the court will step in to make a decision. When determining custody, the court will consider the best interests of the child. This may include factors such as the child’s age, the relationship between the mother and father, the stability of each parent’s home, and the ability of each parent to provide for the physical, emotional, and educational needs of the child. The court may also appoint a guardian to oversee the best interest of the child and make sure that the custodial parent meets the child’s needs.

Related FAQs

Are blood tests used to establish paternity?
How do I initiate a paternity suit?
What is the difference between legal and presumed paternity?
How do I collect child support if the father is not legally established?
Can a paternity case be reopened after it has been closed?
What is a default judgment in a paternity case?
How do I get a court-ordered paternity test?
Are there any other potential guardians who can be considered in paternity cases?
Does the age of the father matter when establishing paternity?
How is a man's paternity established if the mother is not sure of the father's identity?

Related Blog Posts

Overview of Paternity Law: What You Need to Know - July 31, 2023
Establishing Parentage in Paternity Law: What Does it Take? - August 7, 2023
Child Support Implications of Paternity Law: Essential Considerations - August 14, 2023
Establishing Visitation Rights Through Paternity Law - August 21, 2023
Understanding the Impact of Paternity Law on Adoption Processes - August 28, 2023