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You are here: Home / FAQs / Paternity test for child support collection?

Paternity test for child support collection?

July 10, 2014
By Christopher Migliaccio

In Texas, establishing paternity is different for married and unmarried couples. In the case of a married couple, Texas automatically recognizes the husband as the legal father of the child. In such cases, when the marriage ends in divorce, the wife does not need to get a paternity test for child support. How child support is determined in terms of payment is a different matter.

However, the opposite is true in the case of an unmarried couple. When an unmarried couple has a baby, the law does not automatically recognize the biological father as the legal father of the child. In such cases, the mother must ask the father to start establishing paternity for child support when she thinks she’ll need it.

If you’re part of an unmarried couple and want to confirm the father’s legal responsibility towards the child as well as the child’s legal rights to the father, talk to a family lawyer in Dallas about getting an Acknowledgment of Paternity (AOP). This is a legal document that establishes the paternity of the biological father. The use of an AOP form is a voluntary method of establishing paternity.

How to Get a Paternity Test for Child Support

Establishing paternity for child support and child custody matters requires a legally admissible paternity test. A home test or unprofessional paternity test for child support will not be admissible. Not only is a legally admissible paternity test more accurate and more easily verifiable, but also its legal status is solid, and the report issued is accredited or certified. Contact a certified paternity testing lab or speak to a lawyer if you are confused about what to do.

What are the other benefits of a paternity test for child support? 

A paternity test for child support can be used to determine other things as well. A paternity test will prove a child’s legal right to his father conclusively and makes the father legally responsible for the child. Evidence of paternity is important not only for child support, but also for matters involving child custody and parenting time. It makes the child eligible for other benefits, including inheritance of the child’s father’s estate, medical benefits and Social Security payments. In the case of a father who served in the military, the child may be eligible for veterans’ benefits. Establishing legal paternity also gives the father access to a child’s health and medical records and gives him the legal right to make decisions about the child.

Matters involving paternity are some of the most sensitive issues related to family law. If you have questions related to child support, child custody and establishment of paternity, speak with an experienced Dallas family lawyer. Call Warren & Migliaccio at 888-584-9614 or fill out the online contact form for an evaluation of your case.

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is Co-Founding Partner and Managing Partner of Warren & Migliaccio, L.L.P., where along with Gary Warren he leads a team of attorneys serving Texas families since 2006. A graduate of Thomas M. Cooley School of Law with a B.A. in Accountancy, he oversees the firm's practice areas including debt defense, bankruptcy, divorce, child custody, and estate planning.

Licensed by the State Bar of Texas (#24053059 ✓), Christopher and his team serve clients statewide for debt defense and estate planning matters, while focusing on North Texas families for bankruptcy and family law cases. His unique financial background and nearly two decades of leadership enable him to ensure each client receives compassionate, strategic guidance. He is dedicated to protecting clients' rights and helping Texas families achieve financial stability and peace of mind.

If you have questions about this article, contact Christopher Migliaccio to discuss your situation.

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