Establishing Paternity in Texas: A Step-by-Step Guide

Establishing paternity—legally identifying a child’s biological father—can have a significant impact on a child’s rights and a parent’s responsibilities. In Texas, paternity matters not only for emotional and family connections, but also for legal issues like custody, visitation, child support, inheritance, and medical history.

At Haugen Law Firm, P.C. we help mothers and fathers in Denton County navigate the paternity process with care, accuracy, and legal precision. Whether you're seeking to establish paternity voluntarily or through the courts, this step-by-step guide will help you understand the process and your options.

What Is Paternity?

Paternity is the legal recognition of a man as the father of a child. In Texas, a man is only considered the legal father if:

• He is married to the mother when the child is born (presumed father), or
• Legal paternity is established through formal action

Establishing paternity gives the father legal rights and duties, including the right to seek custody or visitation and the obligation to provide child support.

Why Establishing Paternity Matters

For the child:

• Access to financial support
• Inheritance rights
• Medical history and health insurance
• Legal documentation of both parents

For the parents:

• Fathers gain legal rights (like custody and visitation)
• Mothers can seek financial support from the father
• Legal clarity and reduced conflict

Step-by-Step: How to Establish Paternity in Texas

Step 1: Determine if Paternity Is Presumed

Under Texas law, a man is presumed to be the father if:

• He is married to the child’s mother when the child is born, or

• The child is born within 300 days of the end of the marriage

If no presumed father exists—or if paternity is uncertain—you must establish it through voluntary or court-based methods.

Step 2: Sign an Acknowledgment of Paternity (AOP)

If both parents agree on who the biological father is, they can sign an Acknowledgment of Paternity (AOP):

• Must be signed voluntarily by both parents
• Can be completed at the hospital when the child is born or later at an AOP-certified location
• Once filed with the Texas Vital Statistics Unit, the father becomes the legal father

Important: If another man is listed as the presumed father, a Denial of Paternity must also be signed and filed.

Step 3: Request Genetic Testing (if needed)

If paternity is disputed or uncertain, either party can request DNA testing. This typically involves a painless cheek swab from the child, the mother, and the alleged father.

• Can be ordered voluntarily or by a court
• Results are highly accurate (usually over 99%)
• Often handled as part of a legal paternity case

Step 4: File a Paternity Petition With the Court

If an agreement cannot be reached, either parent (or even the child, through a legal representative) can file a Petition to Adjudicate Parentage in family court.

The court may:

• Order genetic testing
• Hold a hearing
• Issue a final order establishing the legal father
• Address child support, visitation, and custody (conservatorship)

Step 5: Finalize a Court Order (SAPCR)

Once paternity is confirmed, the court will often issue a SAPCR (Suit Affecting the Parent-Child Relationship) to define:

• Conservatorship
• Possession and Access
• Child support obligations
• Parental rights and duties

This order becomes legally binding and enforceable.

When Should You Talk to a Lawyer?

You should consider legal guidance if:

• There’s a dispute about who the father is
• Another man is listed on the birth certificate
• The mother or father refuses to cooperate
• You want to establish custody, visitation, or child support
• You’re facing a paternity case filed against you

At Haugen Law Firm, P.C. we ensure your rights are protected while helping establish a stable foundation for your child’s future.

Serving Denton County Families With Care and Clarity

Establishing paternity is more than a legal process—it’s an important step for the emotional, financial, and legal well-being of both the child and parents.