Texas Child Custody | Paternity Lawyers

The Woodlands Paternity Lawyers

The experienced Paternity Suit Lawyers at Nick Davis Law serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington and Surrounding Counties can help pursue and defend against suits seeking to establish paternity in Texas.  

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Serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties

Child Custody & Paternity Lawyers in The Woodlands | Conroe, TX & Bryan | College Station, Texas

Paternity Suits in Texas offer a variety of costs and benefits and parties shouldn’t assume that these cases routine and do not require a lot of consideration or strategy.  Likewise, people should be very careful about assuming they have an understanding of the legal requirements of establishing paternity in Texas as well as the rights of a parent and whether those same rights are automatically bestowed or if there are legal deadlines that can affect either establishing or contesting parental rights.

At Nick Davis Law, our Child Custody | Paternity Lawyers in The Woodlands | Conroe, Texas and Bryan | College Station will explain the process of pursuing a Suit to Adjudicate Paternity, analyze the circumstances of your case, advise your legal options, and further give you an overview of potential risks or rights you may be giving up by either pursuing or contesting a paternity suit.  Whatever the circumstances are in your case, or your goals,  our Child Custody | Paternity Lawyers can help prepare your case to succeed.

The experienced Child Custody | Paternity Lawyers at Nick Davis Law serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington and Surrounding Counties can help guide you through the legal process to confirm paternity.

Nick Davis Law offers all prospective Child Custody | Paternity Suit clients a Free Case Evaluation by phone or virtual conference as well as payment plans.  Contact our office at (936) 262-7474.

Typical Reasons for Filing a Paternity Suit

The main reasons a parent files a Suit to Adjudicate Paternity under the Texas Family Code is for one or more of the following:

Are You Sure You Want to File a Paternity Suit in Order to Receive Child Support?

Without question, the most common motivation for filing a Suit to Adjudicate Paternity is to establish child support.  In fact, in many cases the Attorney General’s Office will file a Suit to Adjudicate Paternity for a parent without cost.  The Office of the Attorney General makes the application process fairly easy.  However, it may take them a long, long time to actually get around to moving your case forward, but they will do it.

Unfortunately, though, the Office of the Attorney General fails to tell applicants something very critical:  They don’t care about child custody provisions, the rights and duties of a parent, the possession schedule, a geographical restriction, best schools for the child, the strengths and weaknesses of a parent, or – for that matter –  which parent will actually get primary custody of the child.  All they care about is establishing child support and getting a parent ordered to pay something for the child.

Now, why is this?  Well, the reason is, the government wants to limit the number of parents and children on government assistance programs and the best way to do that is to ensure parents are paying child support and providing medical coverage for their children.  This is clearly understandable, and for many parents, using the Office of the Attorney General is their best option and it just might workout the way they hoped it would.

For our Child Custody | Paternity Suit Lawyers at Nick Davis Law, though, we strive to ensure our client’s know exactly what they are risking getting into a case.  One of the things we make sure our Paternity Suit clients understand when their main goal is to get child support, especially when the other parent isn’t very involved, is that, they may be giving up some control over the child that they are unwilling to relinquish.

Consider this scenario, a single mother has a 2 year old.  The father has had some interaction with the child but not a lot, which for the most part, has been fine because Father tends to associate with individuals that the mother doesn’t want her child around.  These people aren’t necessarily dangerous criminals but they make the mother uncomfortable.  Moreover, Father has never had any full weekend-overnight possessions with the child because the mother just doesn’t think the father is ready yet.  But, Father doesn’t pay much in, if anything in child support, and he has the ability to do so.

So, should the mother in this scenario file a Suit to Adjudicate Paternity?  Not without understanding that in Texas, it is highly, highly, likely that Father will be awarded the Standard Possession Schedule of the child very soon if not immediately.  The mother will not have any control on who the father brings the child around – unless she has evidence of bad conduct which is more than just speculation – and the Father will have overnight possession that Mother will not have the ability to unilaterally cancel.  Also, the mother better plan on residing in the local area because in almost every paternity suit case, the court will order a Geographical Restriction for where the child must reside to help ensure stability and frequent interaction with the child by each parent.  Now, the mother may be comfortable with all of these risks – and there could be a variety of other risks depending upon the specific facts of the cases – but the Mother should be blindsided by these risks after its too late simply because they deleted the Office of the Attorney General for financial reasons or hired an inexperienced Family Law Lawyer.

The experienced Child Custody | Paternity Lawyers at Nick Davis Law in The Woodlands | Conroe, TX and Bryan | College Station, Texas will carefully consider the unique circumstances of your case and thoroughly communicate to you all the costs and benefits of pursuing your Paternity Suit in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington and Surrounding Texas Counties.

To Learn More about your Child Custody | Paternity Suit in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties
contact our experienced Texas Child Custody | Paternity Lawyers in The Woodlands | Conroe, TX and Bryan | College Station to develop a strategy to establish, enforce, and protect your parental rights.

Family Law

About Nick Davis Law

Nick Davis Law is a firm dedicated to helping individuals with all their family law needs and serves Montgomery, Harris, Waller, Grimes, Walker, Brazos, Washington, Burleson, Fort Bend and surrounding counties.

Services

We Can Help with your Child Custody | Paternity Suit

Establishing Paternity

Establishing Paternity in Texas legal bestows a number of parental rights, duties, and obligations on the parents.  If you are a mother seeking to obtain child support or if you are a father wanting a set possession schedule with your child, the Child Custody | Paternity Suit Lawyers at Nick Davis Law in The Woodlands | Conroe, TX & Bryan College Station can help.     

Contesting Paternity

Are you the Presumed Father of a child that isn’t biologically yours and being pursued for Financial Support?  Are you the rightful father of a child and seeking to obtain parental rights?  Whatever the situation, the Child Custody | Paternity Suit Attorneys in our office can help contest paternity to a child and fight to name the biological father as the parent responsible for the child. 

Child Support

Without a Court Order establishing paternity for a parent, Child Support is not required to be paid.  Our Paternity Suit Lawyers can prepare your case to pursue or defend against child support payments and further protect your rights to the possession and access of your children.   If you need to Establish Paternity for Child Support in Montgomery, Harris, Waller, Walker, Grimes, Brazos, Washington and surrounding counties, we can help.

Reviews

What Clients Say

At all times, we put our client’s interests first.  The Child Custody | Paternity Lawyers at Nick Davis Law in The Woodlands | Conroe, TX and Bryan College Station are proud of their reputation and record for helping parties in Paternity Suits either pursuing or defending against the establishment of parental rights. We are ready to help you succeed as well.  Contact us for a free case evaluation to learn what we can do for your case.

Highly recommend - Jerri Y

Mr. Davis was very helpful and responsive in my divorce case. He made it a simple process and I highly recommend him!

Highly recommend - Jerri Y

Mr. Davis was very helpful and responsive in my divorce case. He made it a simple process and I highly recommend him!

An Excellent Attorney - Michael

Nick assisted me with my long drawn out divorce. He is extremely knowledgeable and was responsive to any question or request I had during the process. I felt his fees are fair, and he gave me advice on how to keep the proceeding as painless as possible. My ex-wife’s attorney seemed happy to keep things as contentious as possible, and draw out things. I highly recommend Nick to anyone needing the help of a divorce attorney.

An Excellent Attorney - Michael

Nick assisted me with my long drawn out divorce. He is extremely knowledgeable and was responsive to any question or request I had during the process. I felt his fees are fair, and he gave me advice on how to keep the proceeding as painless as possible. My ex-wife’s attorney seemed happy to keep things as contentious as possible, and draw out things. I highly recommend Nick to anyone needing the help of a divorce attorney.

Honest, Trustworthy Attorney - Veronica

Nick is a very professional and knowledgeable attorney that I trust and highly recommend. He handled my divorce case in a very equitable manner. He also took the time to explain the legal processes and how best to guard my own assets. I’m very grateful for a job well done!

Honest, Trustworthy Attorney - Veronica

Nick is a very professional and knowledgeable attorney that I trust and highly recommend. He handled my divorce case in a very equitable manner. He also took the time to explain the legal processes and how best to guard my own assets. I’m very grateful for a job well done!

Super Lawyer, Best of the Best - Joe C

Mr. Davis has handled my divorce and other legal matters,and is now handling my out of state child custody, he is the best in Texas.

Super Lawyer, Best of the Best - Joe C

Mr. Davis has handled my divorce and other legal matters,and is now handling my out of state child custody, he is the best in Texas.

Client focused attorney

Nick Davis provided excellent advice during my family law case. I was particularly impressed with the way he would recommend alternative courses of action based on my former spouse’s responses.

FAQ

Reasons for Paternity Suits

Establishing Child Support

While every parent should support their children without the requirement of a court order, that doesn’t always happen.  Nothing can be done to force parents to take responsibility for their children without a court order. This is the primary reason that Paternity Suits in Texas are filed in the first place.  When a paternity suit is filed, the court will enter an order formally identifying the parents of the child and further providing provisions for Possession and Access and Support of the Child. The only thing our experienced Child Custody | Paternity Lawyers caution clients motivated to file a Texas Paternity Suit purely for Child Support is that when the suit is filed, absent bad conduct on the part of the other parent, that individual will receive possession and access time and decision making rights for the child.  If that is a form of control or security that the client is not willing to relinquish then the benefit of receive Child Support is probably not worth pursuing.

Once Child Support is established by the court the parent to receive the support will have legal options available to help ensure and enforce the payment of child support.   Additionally, in many cases, the court will award some back child support (typically not more than 1 -2 years) as well as the cost of prenatal care and hospital charges associated with the birth of the child.

 

 

 

Proving Paternity

Some fathers file a Suit to Adjudicate Paternity because they want involvement in the child’s life and usually seek to disprove that another man is the biological father.  In Texas a man can be legally determined to be the father of the child without a court order or submitting anything to the state if they fall into the category of being the “presumed father.”

A presumed father is a man that is the father of the child by operation of the Texas Family Code and they will continue to be recognized as the father until that status is rebutted.  Typically a man becomes the presumed father when they are married to the mother of the child when the child is born or if the child is born within 301 days following divorce.

To rebut the presumption of paternity, a man seeking to be named the father of the child must file a Suit Affecting the Parent Child Relationship and request Genetic Testing. Another method is for the father seeking to be named as a parent must submit a valid Acknowledgement of Paternity and, at the same time, the presumed father must file an affidavit Denying Paternity.  Unless, both of these elements are satisfied, a Suit to Adjudicate Paternity seeking DNA testing is required to rebut the Presumed Father’s legal status as the father of the child.

If you are seeking to establish your parental rights to a child and attack the presumption of another man being the legal father of your child, the Child Custody | Paternity Suit Lawyers at Nick Davis Law in The Woodlands | Conroe, Texas and Bryan | College Station can help.

Obtaining Possession and Access

The Child Custody | Paternity Suit Attorneys in our office frequently hear from fathers that the mother won’t allow them the have possession or access to the child or will only allow restricted supervised access for no reason other than the fact that the mother doesn’t want to give up control.  In this instance, the father would greatly benefit from filing a Suit to Adjudicate Paternity and request a set Possession and Access Schedule with his child.  The court in almost all instances will order some form of possession and access for a Father that does not have a history of domestic violence or drug use.  Once the court enters a possession order, the mother will no longer have the unilateral authority to simply deny father his possession times with the child.

We Can Help

Payment Plans & Free Consult

Contact our office to schedule a Free Case Evaluation with our experienced Child Custody | Paternity Lawyers in The Woodlands | Conroe, Texas and Bryan College Station, TX.  We regularly offer after-hour & Weekend phone consults so our client’s do not have to travel or take off work to speak with their Family Lawyer.

Our Child Custody | Paternity Lawyers serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties also understand that litigation can be expensive.  You shouldn’t have to compromise the quality of legal representation when it comes to your children.  We strive to make exceptional legal representation in family law matters available to all which is why we offer payment plans to help in these difficult times.  Contact us to learn more.

Schedule A Consult

Nick Davis Law
2700 Research Forest Dr., #124
The Woodlands, Texas 77381
(936) 262-7474

The Woodlands, Texas

Nick Davis Law
26418 Oak Ridge Dr.
The Woodlands, TX 77380

(936) 262-7474

 

Bryan | College Station, Texas

Nick Davis Law
750 William D. Fitch Pkwy, Ste 210
College Station, TX 778455
(979) 417-2220
Business Hours

Mon - Fri  8:00 am to 6:00 pm

Our Mission

 

The Trusted Family, Divorce, Bankruptcy, CPS,  and Child Support Collection Lawyers at Nick Davis Law are dedicated to providing the best and most efficient representation possible to our clients to achieve their goals quickly and cost effectively.  The Family | Divorce | Bankruptcy | CPS | Child Support Collection Lawyers at Nick Davis Law maintain offices in The Woodlands, Texas and Bryan | College Station and serve all of Montgomery County, Brazos County, Walker County, Waller County, Grimes County, Washington County, Burleson County, San Jacinto County, Liberty County, Harris County, and surrounding counties.