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Session 3: establishing paternity. Texas law recognizes 4 types of fathers… Biological A man whose sperm caused the baby to be conceived Alleged A man.

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Presentation on theme: "Session 3: establishing paternity. Texas law recognizes 4 types of fathers… Biological A man whose sperm caused the baby to be conceived Alleged A man."— Presentation transcript:

1 session 3: establishing paternity

2 Texas law recognizes 4 types of fathers… Biological A man whose sperm caused the baby to be conceived Alleged A man who is charged with, pointed to, claimed to be the father of the child Presumed A man who is married to the mother at the time of the birth of the child Legal A man who has signed an AOP form or whom the court finds responsible for supporting the baby

3 session 3: establishing paternity session 3: handout Three Pathways to Paternity noun 1) the state of being a father 2) legal fatherhood; must be established when parents are not married 1.Acknowledgment of Paternity (AOP) 3.Paternity Petition 2.Paternity Agreed Order

4 session 3: establishing paternity AOP In Texas, a child born out of wedlock has no legal father. The simplest way to establish paternity is for both parents to sign an AOP. When an AOP is signed the biological father becomes the legal father. If the mother was married to someone other than the baby’s father, the husband must also sign the AOP in a section called “Denial of Paternity.” The legal father can be ordered to pay child support, and the court can grant him the right to visit his child or even award him custody. The earlier in the baby’s life paternity is established, the more secure his or her future.

5 session 3: establishing paternity AOP An AOP form can be obtained from the hospital. If the AOP is signed at the time of the child’s birth, there is no charge for adding the father’s name to the birth certificate. If the AOP is signed later, the Vital Statistics Unit charges a fee to have the father’s name added to to the birth certificate. An AOP is available at the following: –County Registrar’s Office –Any Child Support Office The AOP can be done before or after the birth.

6 DNAPresumed FatherPaternity RescindInheritance DuressFraudNCP VisitationBiological Father CourtVSUAccess Child SupportDNA Test AOPLegal FatherWitness Alleged FatherCP Legalese Vocabulary

7 Instructions for the Legalese Activity Play the legalese game like Jeopardy: 1.Divide the class into two or three teams. 2.Allow a team to choose a category and a point value 3.Select a question by clicking the point value. 4.The first team to “buzz in” tries to answer. If the answer is incorrect, then go to the next team to “buzz in”. 5.Team must answer in the form of a question 6.Award points to the team that answers correctly. 7.Click on the button to return to the main game board. Return To Main

8 ― 200 ― 300 ― 400 ― 500 ― 100 ― 200 ― 300 ― 400 ― 500 ― 100 ― 200 ― 300 ― 400 ― 500 ― ― 100 ― Shared Parenting Fathers Pot Luck ― 200 ― ― 300 ― 400 ― 500 ― Establishment ― 100 ― p.a.p.a. Legalese

9 Deoxyribonucleic acid, the genetic material in a person’s cells that determines the person’s inherited characteristics. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

10 What is DNA? Return To Main

11 A test comparing cells of parents and child to determine biological parentage. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

12 What is DNA test? Return To Main

13 AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness A legal document for voluntarily acknowledging paternity.

14 What is AOP- Acknowledgement of Paternity? Return To Main

15 An official place and proceeding where legal rulings are made by a judge. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

16 What is court? Return To Main

17 To take back a statement. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

18 What is rescind? Return To Main

19 Parent legally responsible for taking care of the child; the parent who receives support payments. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

20 What is custodial parent? Return To Main

21 Parent not legally responsible for the day-to-day care of the child; the parent ordered by the court to make support payments. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

22 What is non-custodial parent? Return To Main

23 Regular payments of money in an amount set by a court and paid to the custodial parent of a child. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

24 What is child support? Return To Main

25 Term used to describe the ability of a non-custodial parent to know about medical records, school progress, and whereabouts of his/her child. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

26 What is access? Return To Main

27 Term used to describe the dates and times a non-custodial parent can see or have possession of his/her child. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

28 What is visitation? Return To Main

29 State of being a father; fatherhood. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

30 What is paternity? Return To Main

31 The man who someone claims is the biological father of the child, but whose paternity has not yet been established. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

32 What is alleged father? Return To Main

33 The man who has signed the AOP form, or whom the court finds responsible for supporting the child, or whose presumption is never rebutted. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

34 What is legal father? Return To Main

35 The man whose genetic material contributed to the child’s conception. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

36 What is biological father? Return To Main

37 The man who… was married to the child’s mother at the time of the birth, or was divorced from the mother less than 300 days before the birth, or lived with the mother and baby continuously for two consecutive years and held himself out as the baby’s father. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

38 What is presumed father? Return To Main

39 WILD CARD THIS ONE IS WORTH 2X THE POINTS! Click here to see your question

40 Name one “pathway to paternity” for unmarried parents who agree.

41 2 possible answers: Return To Main Acknowledgment of Paternity (AOP) Paternity Agreed Order

42 A lie. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

43 What is fraud? Return To Main

44 Coercion; forced to do something against one’s will. AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

45 What is duress? Return To Main

46 WILD CARD THIS ONE IS WORTH 2X THE POINTS! Click here to see your question

47 According to the AOP, “establishing parentage makes it easier for a child to receive benefits such as…” Name two of these benefits.

48 Return To Main Any two of the following: social security benefits military and veteran’s benefits health care coverage life insurance inheritance

49 A certified entity mails the AOP to be filed here. [Hint: It is within the Texas Department of State Health Services.] AOPchild supportDNA testlegal fatherrescind accesscourtduress non-custodial parent VSU – Vital Statistics Unit alleged fathercustodial parentfraudpaternityvisitation biological fatherDNAinheritancepresumed fatherwitness

50 What is VSU- Vital Statistics Unit? Return To Main

51


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