Paternity Actions

Paternity Action Lawyers

Serving clients in Dallas, Plano, Frisco, Allen, McKinney, Richardson, Carrollton, Highland Park, University Park, Garland and all of Collin, Dallas, Denton, Grayson, Hunt and Tarrant counties.

A paternity action can be initiated either by the father or the mother of a child born out of wedlock. The mother of the child may initiate a paternity action in order to receive child support payments from the father. The father of the child may initiate a paternity lawsuit in order to receive visitation rights and to obtain legal standing for the father-child relationship.

The first part of a paternity action consists of providing evidence, including DNA testing, to determine the father of the child. Once paternity is established, the rest of the suit determines legal rights and obligations of the father.

At The Barbknecht Firm, P.C., part of our job as lawyers is to help our clients deal with the anxiety of paternity action by giving them predictability. By understanding how courts have ruled in paternity lawsuits in the past can help you plan accordingly.

Child Support
The father of a child born out of wedlock is responsible for child support payments, which generally continue until the child graduates from high school or turns 18, whichever is later. In Texas, child support payments are determined by the following statutory formula.

The statutory guidelines provide a starting point - 20% of net resources for one child. Other considerations used in determining child support include the age and needs of the child, the ability of the parents to contribute to the support of the child and the number of children the paying parent is supporting - both inside and outside of marriage. Absent a court finding otherwise, the maximum amount of child support in Texas is $1,500 per month. Child support continues until the child completes high school or turns 18, whichever comes later.

The payer of child support generally also provides health insurance. Families split deductibles and co-pays. Any private school expenses are usually split.

Child Visitation
According to the law in Texas, the minimum visitation rights granted to a nonpossessory (or noncustodial) parent are as follows:

• The first, third and fifth weekends of month. The weekends last from the end of school Friday until Sunday at 6 p.m.
• On Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m.
• Christmas, Thanksgiving and spring break visitation are awarded on odd or even calendar years.
• 30 days in the summer to be taken in two separate increments.

Beyond these minimum child visitation provisions, we negotiate based on the best interests of the child. Couples are encouraged to be collaborative and creative in developing a system that works for their family. For example, one parent may have more time to spend with children in the summer than 30 days.

Call The Barbknecht Firm, P.C. for a free initial consultation.