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.
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