Texas Acknowledgment of Paternity and Waiver of Trial

State:
Multi-State
Control #:
US-01009BG
Format:
Word; 
Rich Text
Instant download

Description

This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an acknowledgment in a particular jurisdiction.

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FAQ

If you are not on the birth certificate, you do not have any legal rights unless you establish paternity for your child. For unmarried parents, the father must first establish paternity before they have any legal relationship or rights to their child. This applies regardless of whether they are the biological father.

PRESUMED FATHER A man who has legal parental rights because he: was married to the mother at the time of the child's birth; ? was married to the mother during the 300 days before the child's birth; or ? continuously lived with the child and represented the child as his own for the first two years of the child's life.

A presumed father is a person the law has stated is a legal father of a child because of his legal relationship to the mother during the pregnancy. There are several ways a man can be considered a presumed father, the most common of which is being married to the mother.

Establishing paternity only comes with a time limit if that child already has a presumed father, who is not you. This time limit is four years after the birth of that child, as specified on their birth certificate. However, there are exceptions to this period of four years.

PRESUMED FATHER A man who has legal parental rights because he: was married to the mother at the time of the child's birth; ? was married to the mother during the 300 days before the child's birth; or ? continuously lived with the child and represented the child as his own for the first two years of the child's life.

A court will not allow a parent to ignore court-ordered paternity testing and may fine or sentence the no-show party. That individual will receive a time period before sanctions take effect to get them to comply with the court order.

There is a presumption under Texas family law that it is in the child's best interest to be raised by their parents. Additionally, the U.S. Supreme Court has held that parents have a fundamental right to make decisions regarding the care, custody, and control of their children.

Anyone who signs the AOP may file a "Rescission of the Acknowledgment of Paternity" form (VS-158) to rescind the AOP. The form must be filed within the first 60 days after the AOP has been filed with the Vital Statistics Unit (VSU) or before a legal proceeding related to the child is initiated, whichever comes first.

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Texas Acknowledgment of Paternity and Waiver of Trial