{"id":13124,"date":"2025-06-15T06:00:29","date_gmt":"2025-06-15T11:00:29","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=13124"},"modified":"2025-06-24T09:16:28","modified_gmt":"2025-06-24T14:16:28","slug":"happy-fathers-day-or-not","status":"publish","type":"post","link":"https:\/\/hammerle.com\/legaltalk\/adult-guardianship\/happy-fathers-day-or-not\/","title":{"rendered":"Happy Father\u2019s Day! Or Not?"},"content":{"rendered":"

Differences Among Texas Statutes Confusing<\/span><\/h2>\n

The Texas statutes are proudly laid out in an orderly sequence. Laws about families are found in the <\/span>Family Code<\/span><\/a>, laws about guardianship, <\/span>probates<\/span><\/a>, and inheritance reside in the Estates Code, and laws about things such as birth certificates can be found nestled within the Health & Safety Code.<\/span><\/p>\n

Helpfully, each one of these codes contains definitions, too.\u00a0 The trouble is that those definitions \u2013 and by extension the statutes \u2013 do not always agree. Take the concept of \u201c<\/span>father<\/span><\/a>.\u201d Are you one? Let\u2019s see what Texas law has to say about that.<\/span><\/p>\n

What the Family Code Says<\/span><\/h2>\n

Five Legal Pathways to Fatherhood<\/span><\/h3>\n

The Family Code gives a man five chances to be a parent. A father might be interested in these definitions because they control his rights to possess and have a say in decisions regarding the child, his duties and responsibilities regarding the child, and his obligation to pay support for the child.<\/span><\/p>\n

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  1. Presumed father – Typically applies if the man is married to the child\u2019s mother at the time of birth or conception.<\/span><\/li>\n
  2. Legally determined father – Established through genetic testing or another legal process.<\/span><\/li>\n
  3. Adjudicated father – Declared by a court in a legal proceeding.<\/span><\/li>\n
  4. Acknowledged father – Has signed a legal acknowledgement of paternity.<\/span><\/li>\n
  5. Adoptive father – Has legally adopted the child.<\/span><\/li>\n<\/ol>\n

    Termination of Parental Rights<\/span><\/h3>\n

    Importantly, if a man\u2019s parent-child relationship has been terminated by court order, the Family Code no longer considers him a father, even if he met one of the five criteria before.<\/span><\/p>\n

    How the Estates Code Defines a Father<\/span><\/h2>\n

    Three Definitions for Guardianship Purposes<\/span><\/h3>\n

    The Estates Code takes a slightly different approach when it defines \u201cparent\u201d for <\/span>guardianship <\/span><\/a>purposes. It gives a man only three chances at the title and focuses more on the biological aspect.\u00a0<\/span><\/p>\n

      \n
    1. A man who is presumed to be the biological father of a child.<\/span><\/li>\n
    2. A man who has been adjudicated to be the biological father of a child by a court of competent jurisdiction.<\/span><\/li>\n
    3. A man who is the adoptive father of a child.<\/span><\/li>\n<\/ol>\n

      And, like the Family Code, a man who has had his <\/span>parent-child relationship<\/span><\/a> terminated is knocked out of the running.<\/span><\/p>\n

      Inheritance and the Biological Father<\/span><\/h2>\n

      When Can a Father Inherit from a Child\u2013and Vice Versa?<\/span><\/h3>\n

      For <\/span>inheritance<\/span><\/a> purposes, the Estates Code mostly borrows from the Family Code, creating even more complexity. A biological father can inherit from a child (and the child from him) only if:<\/span><\/p>\n