Paternity
Establishing paternity and protecting parental rights.
In the case of unmarried parents, paternity must be established before any parties gain rights to visitation or child support. We can guide you through this process and help protect your rights.
Frequently Asked Questions
How is paternity established in Texas?
Three ways: the marriage presumption (husband is presumed father), signing an Acknowledgment of Paternity (AOP) at the hospital or later, or a court order after DNA testing. Establishment creates both rights (custody, visitation) and duties (support).
Can I get DNA testing before paying child support?
Yes — if you're sued for paternity, demand genetic testing before signing anything. Once you sign an AOP or a court adjudicates you, undoing it later is far harder and deadline-driven.
What rights does an unmarried father have in Texas?
None enforceable until paternity is legally established — the mother has sole authority by default. After establishment, an unmarried father can seek conservatorship and possession on equal legal footing with any parent.
I signed an AOP but I'm not the father — what now?
Within 60 days you can rescind it. Beyond that, you can challenge it for fraud or material mistake, and Texas's mistaken paternity statute (§161.005) lets you terminate within 2 years of discovering you're not the biological father. Deadlines control everything — act fast.
Does establishing paternity make back child support automatic?
Courts can order retroactive support, typically up to 4 years back (more if the father knew and evaded). The amount considers what he could have paid and any informal support actually provided.