Houston Paternity Lawyer
Paternity isn’t just biology – in Texas, it’s a legal status that determines who has rights and duties to a child. Whether you’re a father seeking your rights, a mother seeking support, or someone challenging a prior acknowledgment, the procedure and timing matter.
Paternity in Texas - Legal vs. Biological
Texas distinguishes between biological paternity (DNA) and legal paternity (who the law treats as the child’s father). A man can be a legal father without being the biological father – and vice versa.
A child has a legal father if:
- The parents were married when the child was born (presumed father)
- The man signed an Acknowledgment of Paternity (AOP) with the mother
- A court order established paternity
- A prior court order adjudicated him as the father
Without one of these, a man – even one who knows he’s the biological father – has no legal rights or duties to the child until paternity is formally established.
Why Establishing Paternity Matters
For the child:
- Right to financial support from both parents
- Right to inherit
- Access to medical history of both parents
- Eligibility for Social Security, military, or insurance benefits
- A legal relationship with both sides of the family
For the father:
- Right to seek custody, possession, and access
- Standing to make legal decisions for the child
- Right to be involved in the child’s life, school, and medical care
- Legal duty to support – Texas family courts cannot order support against a man who is not the legal father
For the mother:
- Right to seek child support, medical support, and back support
- Ability to make legal decisions without disputes from an undefined father
How Paternity Is Established in Texas
1. Marriage (Presumed Paternity)
A man is the presumed father of a child if:
- He was married to the mother when the child was born,
- The child was born within 300 days of the end of the marriage,
- He married the mother after birth and voluntarily asserted paternity, or
- He resided with the child for the first two years and represented to others that the child was his.
Presumed paternity can be challenged – but typically only within strict timeframes.
2. Acknowledgment of Paternity (AOP)
An AOP is a sworn statement, signed by both biological parents, declaring that the man is the child’s father. Properly filed, it has the same legal effect as a court order.
AOPs can be signed at the hospital, at the OAG, or at vital statistics offices. Rescission is possible only within 60 days, and challenges after that require proof of fraud, duress, or material mistake.
3. Court Order
A paternity suit can be filed by:
- The mother
- The alleged father
- The child (through a representative)
- The Office of the Attorney General
- A man wanting to disprove paternity
The court typically orders genetic testing. If the results show 99%+ probability, the court adjudicates the man as the legal father.
Get Kuehm.
What Happens After Paternity Is Established
Once paternity is adjudicated, the court typically addresses:
- Conservatorship (joint or sole)
- Possession and access (visitation schedule)
- Child support (calculated from the date of adjudication and, in some cases, retroactively)
- Medical support (insurance and uninsured medical expenses)
- Name change (if requested)
- Birth certificate updates
All of this can happen in one Suit Affecting the Parent-Child Relationship (SAPCR) – paternity isn’t the end, it’s the beginning. (See Child Custody and Child Support.)
Retroactive Child Support in Paternity Cases
When paternity is established years after the child’s birth, Texas courts can order retroactive child support going back to:
- The child’s birth, in some cases
- The point at which the obligor knew or should have known he was the father
- A limited statutory period (often four years before the suit was filed)
Courts weigh:
- Whether the obligor knew about the child
- Whether the mother kept the child’s existence hidden
- Whether the obligor provided informal support
- The needs of the child
Retroactive support obligations can be substantial – six figures in some cases.
Disproving Paternity (Paternity Fraud)
If a man learns he is not the biological father of a child for whom he has been adjudicated or presumed the legal father, Texas allows a petition to terminate the parent-child relationship based on mistaken paternity.
The petition must be filed within statutory deadlines. Strict requirements apply, and termination is not automatic – the court considers the child’s best interest, including whether termination would leave the child without a father.
These cases are emotionally and legally complex. Talk to a lawyer before signing anything.
DNA Testing in Texas Paternity Cases
Court-ordered genetic testing uses chain-of-custody buccal swabs processed by an accredited lab. Results showing 99%+ probability create a legal presumption of paternity that can only be rebutted in narrow circumstances.
Home DNA tests (the ones you order online) are NOT admissible in court because they lack chain of custody. If you want a test that will carry legal weight, the test must be done through proper channels – typically through a lab approved by the court or the OAG.
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Can a father get custody without being married?
Yes - once paternity is established. The court treats unmarried fathers the same as married fathers in custody decisions once legal paternity is in place.
How long does a paternity case take in Texas?
With DNA testing, an uncontested paternity case can be finalized in 3–4 months. Contested cases (with custody, support, and possession disputes) can take 6–12 months.
I signed an AOP and now doubt I'm the father - can I rescind?
You have 60 days to rescind an AOP without a court action. After 60 days, you must file a court action and prove fraud, duress, or material mistake of fact within strict time limits.
Can the mother prevent a DNA test?
No. If a court orders genetic testing, both parents must comply. Refusal can result in adverse findings - the court can adjudicate paternity against the refusing party.
Can I be ordered to pay back child support if paternity was established years late?
Yes. Texas courts can order retroactive child support, typically up to four years before the suit was filed, longer in some cases.
Talk to a Houston Paternity Attorney
Paternity cases touch every part of family law – custody, support, visitation, even inheritance. Get the right legal foundation in place from the start.
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