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Child support

presumption of paternity

Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.

In Texas, paternity, or legal fatherhood, is crucial in the child support process. A man is presumed to be the father of a child if the child is born during his marriage to the mother. This presumption can be challenged and potentially overturned with the help of court-ordered genetic testing. Texas law outlines specific circumstances under which paternity is presumed, which are detailed in the Texas Family Code. These include situations such as the man being married to the mother when the child is born, or if he voluntarily acknowledges paternity. If paternity is disputed, either party can file a suit to adjudicate parentage in a Texas court. Establishing paternity is essential for determining parental rights, custody, and support obligations.


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