Paternity and Fathers' Rights in Texas

Many fathers are surprised to learn that being a child's biological father doesn't automatically give them enforceable rights in Texas. If you weren't married to the child's mother, you may have no court-ordered right to see your child, make decisions, or even stop the mother from moving away, until paternity is legally established and a court order is in place. This article explains how paternity works in Texas and what fathers in Seguin and Guadalupe County can do to protect their relationship with their children.

Why paternity matters

Legally establishing paternity creates a parent-child relationship. It allows a father to:

• Ask the court for conservatorship (custody rights) and a possession schedule.
• Have a say in medical, educational and other decisions.
• Be notified of, and object to, an adoption.
• Be listed on the birth certificate.

It also benefits the child: the right to support from both parents, access to family medical history, and potential rights to inheritance, Social Security, veterans' benefits and health insurance through the father.

Presumed fathers

Under Chapter 160 of the Texas Family Code, a man is presumed to be the father if, for example:

• He was married to the mother when the child was born;
• The child was born within a certain period after the marriage ended;
• He married the mother after the birth and voluntarily claimed paternity in certain ways; or
• He lived in the same household as the child for the first two years of the child's life and openly represented the child as his own.

A presumed father is the legal father unless the presumption is challenged in court. There are time limits for challenging it, so if you believe a presumed father is not the biological father, talk to a lawyer promptly.

The Acknowledgment of Paternity (AOP)

When parents aren't married, the simplest way to establish paternity is an Acknowledgment of Paternity. Both parents sign the form, often at the hospital after the birth, or later through an authorized entity. Once properly filed, it has the same effect as a court finding of paternity.

Some important points:

• Sign only if you're sure you're the father. If you have any doubt, ask for genetic testing first.
• There is a short window to rescind (cancel) an AOP after signing. After that, it can only be challenged in court on limited grounds such as fraud, duress or material mistake of fact, and within time limits.
• An AOP establishes paternity, but it doesn't create a custody or visitation order. Without a court order, the mother generally has the practical control over the child.

The Texas Attorney General's Child Support Division has information on AOPs at texasattorneygeneral.gov.

Court-ordered paternity and genetic testing

If the parents don't agree, either parent (and in some cases the state or the child) can file a suit to establish paternity. The court can order genetic testing, usually a simple cheek swab. If the results meet the scientific threshold set by Texas law, the man is identified as the father, and the court can adjudicate paternity.

The Attorney General's office files many paternity cases, usually because the mother applied for child support services or public assistance. Those cases focus on paternity and support. If you also want custody and visitation rights, consider hiring your own lawyer to request them in the same case.

Getting custody and visitation as a father

Once paternity is established, a father has the same legal standing as a mother. Texas courts can't consider a parent's gender in deciding conservatorship. The court will apply the same rules it applies in a divorce:

• A presumption that both parents should be joint managing conservators, unless there's family violence or another reason it's not in the child's best interest.
• One parent usually gets the right to designate the child's primary residence; it can be the father.
• The other parent usually receives a possession schedule such as the Standard or Expanded Standard Possession Order, or a schedule tailored for very young children.
• Child support under the guidelines. See how child support works in Texas.

For more on how judges make custody decisions, read factors courts consider in determining custody.

Retroactive child support

When paternity is established, the court can also order child support for past periods, in addition to current support. Texas law limits how far back this usually goes, and the court considers factors like whether the father knew about the child and whether the mother tried to notify him. A father who has been helping financially should keep records of what he provided.

The paternity registry

Texas maintains a paternity registry through the Vital Statistics Section. A man who thinks he may be the father of a child and isn't a presumed father can register to receive notice of an adoption or termination proceeding. Registration has deadlines tied to the child's birth. If you're unsure of your status and worried about an adoption, register and talk to a lawyer.

Practical steps for fathers

1. Establish paternity through an AOP or court case.
2. Get a court order on custody, visitation and support. Don't rely on informal arrangements.
3. Stay involved. Attend appointments, help with school, keep in touch, and document it.
4. Support your child financially even before an order, and keep proof.
5. Communicate respectfully with the mother, in writing when possible.

The longer a father waits, the more established the child's routine becomes without him. Acting early often matters.

Attorney Jesus R. Lopez helps fathers and mothers in Seguin, throughout Guadalupe County and nearby areas with paternity, custody and support. Learn more on our child custody lawyer page.

Frequently asked questions

Have questions about your situation? Talk with a Seguin family lawyer. Consultations are free, by phone or in person, in English or Spanish.

Related guides

This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.