Paternity

Guided Notes What does P.A.P.A stand for? Explain the difference between a biological parent and a caregiver. Define Paternity. What are the “Four Fathers”? Define the four types of fathers. What is an A.O.P.? Parties signing the A.O.P. have days to rescind the acknowledgment. An A.O.P. can be challenged only on the basis of , , or .

Learning Goals: a. Parental responsibility b. Realities of parenting c. Your future as parents

The Attorney General’s Child Support Division enforces laws that require both parents of a child to help support the child.

DISCUSSION What do you think would go through your mind if you found out tomorrow that you were going to be a parent?

Non-Custodial Parent: the parent who does not have primary care, custody, or control of the child and has an obligation to pay child support. Custodial Parent: the person who has primary care, custody, and control of the child(ren).

Biological Parent: either of the two people who are the source of the sperm and egg necessary to make a baby.

a. Mother / Father can be biological parent but not a caregiver. Caregiver: a person who takes care of a child and helps provide for the child’s basic needs and safety at any given time. Example: a. Mother / Father can be biological parent but not a caregiver. b. Your own father/mother may be your biological parent, but may not be a caregiver. c. Grandparent may be a caregiver but is not a biological parent.

DISCUSSION An adopted parent is a parent and a caregiver but is not the child’s biological parent. Who is the child’s “real” parent in the adopted child’s own eyes: The adopted parent who is caregiver or the biological parent?

Under Texas law a child born to a man and woman that are not married has NO legal father!

Paternity – the state of being a father, fatherhood! As a father you have obligations to provide financially for the child, but you also have rights to visit the child and possibly secure custody of the child.

Four Fathers??? Biological Presumed Alleged Legal

Biological Father Biological Father – man who contributes the sperm that fertilizes the ovum. A biological father can become the legal father by acknowledging paternity or by being found to be the father by a court.

Alleged Father

Alleged Father – a man who is charged with, pointed to, claimed to be the father of a child. An alleged father can become a legal father by signing an A.O.P. (Acknowledgment of Paternity) with the mother. He can also be court-ordered to be legal father.

Presumed Father Presumed Father – a man who is married to the mother at the time of the birth of the child. Just because they are married, does not mean the husband is the father!! He can deny paternity if the biological father is willing to acknowledge paternity. He would sign a “Denial of Paternity.”

Legal Father A man who is named the legal father by a court or who acknowledges paternity on a Vital Statistics Unit Form called the Acknowledgment of Paternity (AOP)

A.O.P. This is a form from the Bureau of Vital Statistics. It is available at hospitals, the Bureau, and Child Support offices. If the AOP is signed at the time of birth there is no costs to add the name of the father to the birth certificate. If the AOP is signed later, there is a fee to add the name to the birth certificate.

Rescinding Parties signing the AOP have 60 days from the date the AOP was filed at Bureau of Vital Statistics to rescind the acknowledgment by filing with the District Clerk’s office. If more than 60 days have passed the AOP can be challenged on the basis of fraud (a lie), duress (force) or material mistake.

Child Support and Visitation The AOP does not establish child support payments or visitation periods. The court follows a formula set by law to determine these. The formula is based on the number of children and the income of the parent. The court also orders payment of medical expenses and cost of health insurance.

A parent can NOT refuse to pay child support because the other parent is refusing visitation; likewise the custodial parent MAY NOT deny visitation to a non-custodial parent who fails to pay child support.

Denial of Paternity A court can order a man to be tested for paternity whether he acknowledges paternity or not! The test is a saliva test.