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How does Texas law address paternity in military families?

On Behalf of | Mar 18, 2025 | Family Law |

Establishing paternity plays a key role in military families in Texas. It defines parental rights, child support, and benefits. When parents remain unmarried or dispute paternity, they must take legal steps to confirm it.

Establishing paternity in Texas

Texas law offers several ways to establish paternity. Signing an Acknowledgment of Paternity (AOP) provides the simplest option. When both parents agree, this document legally recognizes the father. If either parent disagrees, they can request a court-ordered DNA test. The Office of the Attorney General also helps determine paternity.

Impact of paternity on military benefits

Military children qualify for benefits like healthcare, housing, and survivor benefits. Legal paternity allows them to access these rights. Once a court confirms paternity, the child becomes eligible for TRICARE, dependency allowances, and other military-related benefits. Without legal recognition, the child risks losing these essential resources.

Custody and support considerations

Paternity establishes parental responsibilities, including child support and custody. Texas courts prioritize the child’s best interests when making custody decisions. Military parents facing deployment may receive temporary custody orders that change based on service obligations. Child support calculations include military income, such as basic pay and allowances.

Addressing paternity disputes

When a father denies paternity, Texas courts order genetic testing. If results confirm paternity, the court issues orders for child support and visitation. In some cases, a military father may contest paternity due to deployment status or legal challenges. Courts resolve these cases to ensure fairness.

Ensuring legal protections for military families

Military families face unique challenges when establishing paternity. Legal protections, such as the Servicemembers Civil Relief Act (SCRA), allow service members to delay proceedings during deployment. Understanding Texas law and military-specific regulations helps both parents and children protect their rights.