Texas Paternity Lawyer

You can be there for your child every day and still have no legal say in where they live, how they are raised, or who makes the decisions that shape their future. In Texas, an unmarried father often holds no enforceable right to custody or visitation until paternity is established, and a mother may be unable to pursue child support until the same step is taken. That distance between loving a child and holding legal standing in that child’s life is what establishing paternity resolves under Texas family law.

The longer the question sits unresolved, the more is at stake. Without established paternity, a father cannot ask a court for custody, visitation, or a role in medical and school decisions, and a child can miss out on support, health insurance, inheritance, and benefits tied to a legal parent. For a father who is already presumed the parent, a four-year clock may be running, and waiting can close options that are open today.

At Horak Law, our Texas family law team handles parentage matters across Montgomery County and northern Harris County, from voluntary acknowledgments to contested cases decided by genetic testing and court adjudication. We help parents in The Woodlands and the surrounding communities understand where they stand and take the right next step, with the deadlines and the evidence in view from the start.

Why Choose Horak Law for Your Texas Paternity Case

Choosing who will stand beside you in a parentage case is a decision that shapes your relationship with your child for years. A paternity matter that reaches court calls for a clear read on the options, a team that has handled contested cases before, and a lawyer who will fiercely protect your rights in front of a judge. That is how we work with parents throughout Montgomery County and northern Harris County.

Client Testimonials

“The entire team is incredibly professional, attentive, and welcoming from start to finish. You can tell they are highly capable, knowledgeable, and committed to getting the best possible outcome for their clients. I highly recommend Horak Law to anyone looking for a trustworthy and successful legal team.” — Samantha G.

“I could spend hours talking about how incredible Matt Horak and his team are. From my very first phone call with Matt, I knew I was in the best hands. He was on top of everything—and I mean everything—right down to filing notices with the court just to inform them of his brief vacation. We were up against an attorney who seemed inexperienced and unresponsive, leaving us hanging for months. Despite that, Matt never let up. He fought hard—submitting motions to compel, motions for sanctions, and doing whatever was needed to move things forward. He even checked in on me emotionally, telling me how well I handled mediation when I was overwhelmed. I will forever be grateful. My kids won today—and that’s because of Matt. Thank you, from the bottom of my heart.” — Brooke

How Do You Establish Paternity in Texas?

Texas recognizes three ways to establish paternity under the state’s Uniform Parentage Act, and the right path depends on your situation. Parents can sign a voluntary acknowledgment, a man can be presumed the father by law, or a court can decide the question with genetic testing. Our team helps parents across The Woodlands, Montgomery County, and northern Harris County choose and complete the path that fits their case.

Voluntary Acknowledgment of Paternity (AOP)

The simplest path is an Acknowledgment of Paternity, a form both parents sign to name the father. Many families complete it at the hospital when the child is born, and it can also be signed later through the Texas Vital Statistics Unit or the Texas Attorney General’s paternity program. Once filed with the state, a valid acknowledgment has the same effect as a court order establishing paternity, and it gives the acknowledged father full parental rights and duties. Both parents sign it under Tex. Fam. Code Sections 160.301 and 160.302.

Presumption of Paternity

In some situations, Texas law presumes a man is the father before any form is signed. Under Tex. Fam. Code Section 160.204, a man is generally presumed to be the father if any of the following is true:

• He was married to the mother when the child was born.
• The child was born within 300 days after the marriage ended by death, divorce, annulment, or a declaration that the marriage was invalid.
• He married the mother after the birth and voluntarily claimed the child, such as by filing a record with vital statistics, being named on the birth certificate, or promising in a record to support the child.
• He lived with the child during the first two years of the child’s life and openly represented the child as his own.

A presumption is a strong starting point, but it can be confirmed or challenged in court, which is where deadlines and genetic testing come in.

Court Order and Genetic (DNA) Testing

When paternity is disputed, either parent or the Office of the Attorney General can ask a court to decide it, and the court can order genetic testing of the mother, child, and alleged father. Under Tex. Fam. Code Section 160.505, the law treats a man as the child’s father when the results show at least a 99% probability of paternity and a combined paternity index of at least 100 to 1. If you have been asked to take a test or you want to confirm or dispute paternity, a court-ordered test through an accredited lab carries far more legal weight than an at-home kit.

Why Establishing Paternity Matters for Your Child and Your Rights

Establishing paternity does more than put a name on a birth certificate. It gives a father legal standing to seek custody, visitation, and a real say in how his child is raised, and it gives a mother the ability to pursue child support. For the child, legal parentage opens the door to benefits that follow from having two recognized parents.

Once paternity is established, it can unlock:

• A father’s right to seek custody and visitation
• A mother’s ability to request child support
• The child’s access to health insurance through either parent
• Inheritance rights and Social Security or veterans benefits tied to a legal parent
• A clear medical history from both sides of the family

For unmarried fathers, this is the foundation of fathers’ rights in Texas, the legal standing that turns a caring parent into a recognized one. National resources such as the National Responsible Fatherhood Clearinghouse offer support, and a family law team can help you act on those rights in court.

How Long Do You Have to Establish or Challenge Paternity in Texas?

Timing can shape your options in a paternity case, and the deadline depends on your child’s situation. When a child already has a presumed father, a suit to decide parentage generally must be filed by the child’s fourth birthday under Tex. Fam. Code Section 160.607. Narrow exceptions exist, for example, when the presumed father and the mother never lived together during the likely time of conception.

If that four-year deadline passes and no exception applies, the presumed father generally remains the child’s legal father, and the chance to establish a different man’s parentage can be lost. When a child has no presumed, acknowledged, or adjudicated father, the timing is more forgiving, and a case may be filed at any time under Section 160.606.

A parent who signed an Acknowledgment of Paternity has separate deadlines. A signer may rescind the acknowledgment within 60 days or before a court proceeding involving the child begins, whichever comes first, under Tex. Fam. Code Section 160.307. After that window, a signer can challenge it only for fraud, duress, or a material mistake of fact under Tex. Fam. Code Section 160.308. A challenge must also come before a court issues an order affecting the child.

Even when a challenge is filed, a court may decline to order genetic testing if a parent’s own conduct makes it unfair to undo an established father-child relationship, a decision the court makes under Section 160.608 based on clear and convincing evidence and the child’s best interest.

The key deadlines to keep in mind include:

• Four years from the child’s birth to adjudicate parentage when the child has a presumed father
• No fixed deadline when the child has no presumed, acknowledged, or adjudicated father
• 60 days to rescind a signed Acknowledgment of Paternity, then fraud, duress, or a material mistake of fact only

Because these deadlines can be strict, it can help to have your situation reviewed early while records are fresh and options remain open.

What Happens After Paternity Is Established in Texas?

Once paternity is established, both parents gain rights and take on responsibilities. A father gains legal standing to seek conservatorship, the Texas term for custody, as well as possession and access, which refer to visitation and parenting time. Both parents also share the duty to support the child.

In Texas, child support is based on the paying parent’s monthly net resources. As of September 1, 2025, the guideline calculation applies to the first $11,700 of monthly net resources under Tex. Fam. Code Section 154.125, and a court can order more when a child’s proven needs call for it. If a support order is already in place and circumstances change, either parent can ask the court to modify it.

Establishing paternity also lets the birth certificate be amended to add the legal father, which formalizes the parent-child relationship for the record. Once orders are in place, they are enforceable, and a parent who ignores them may face a court order enforcement action. A parent who needs to adjust an existing order can start by understanding how to request a child support modification in Texas.

Request a Confidential Paternity Case Review

Facing a paternity question is rarely convenient, and the right first step is often the hardest one to see. Our family law team helps parents across The Woodlands, Montgomery County, and northern Harris County establish, confirm, or contest paternity and protect their rights before a filing deadline passes. Whether you are a father seeking a place in your child’s life or a parent who needs paternity settled to move forward, a confidential case review can show you where your case stands.

To request a confidential case review, call Horak Law at 713-225-8000 or contact us online. Our offices serve The Woodlands and Montgomery County, with additional locations in Houston.