Paternity Lawyer in Texas

If you are an unmarried parent, establishing paternity gives your child a legal father and that father enforceable rights. Once paternity is established, a Texas court can order custody, a possession schedule, and child support. Until paternity is established, an unmarried father has no legal standing to request time with his child, and the child cannot receive support from him.

That gap is what most people come to a paternity case to close. Whether you are a father who wants to be in your child’s life or a mother who needs support and a clear order, the law gives you a defined path. As a board-certified family law practice limited to Tarrant County and the surrounding area, Cutrer Law Group helps parents establish paternity cleanly when both sides agree and litigate it carefully when they do not.

What Establishing Paternity Means in Texas

In Texas, “paternity” is the legal recognition of a child’s father. It is not the same as biology. A man can be a child’s biological father and still have no legal rights or duties until paternity is formally established. The Texas Family Code sets out exactly how the father-child relationship is created.^[1]

When the parents are married, the law usually automatically treats the husband as the child’s father. When the parents are not married, paternity does not exist on its own. It has to be created in one of two ways: a signed acknowledgment or a court order. Both are explained below.

Establishing paternity is also the doorway to everything else. A Texas court cannot order child support against a father, and cannot grant a father custody or visitation, until that man is the child’s legal father. Paternity is the foundation; the parenting and support orders are built on top of it.

When the Law Already Presumes a Father

Texas law treats certain men as the “presumed father” of a child before anyone signs or files anything. A presumed father is recognized as the legal father unless that status is later disproved or confirmed in court. The most common situation is marriage.^[2]

A man is generally presumed to be the father if any of the following are true:

Married at birth. He is married to the mother, and the child is born during the marriage.
Recently divorced. He was married to the mother, and the child was born within 300 days after the marriage ended.
Lived as the father. During the child’s first two years, he lived in the same household with the child and represented to others that the child was his own.

This matters because a presumption changes the entire case. If a child already has a presumed father, another man usually cannot step in and claim paternity at any time. Texas sets a deadline for that, which we cover further down.

The Two Ways to Establish Paternity

For unmarried parents, Texas recognizes two primary paths to make a father the legal father. One is voluntary and done on paper. The other goes through the court. The right path depends on whether both parents agree and whether a presumed father already exists.

1. Voluntary Acknowledgment of Paternity (AOP)

An Acknowledgment of Paternity is a form that the mother and the father both sign, under penalty of perjury, stating that the man is the child’s father. It is the simplest route when the parents agree on who the father is.^[3]

Once a valid AOP is filed with the state, it carries the same legal weight as a court ruling on paternity. That makes the man the legal father, with the rights and duties that come with it. There is an important limit, though: if the child already has a presumed father, an AOP alone will not work unless the presumed father also signs a denial of paternity.

Signing an AOP is a serious decision, not a formality. A signer can rescind it within 60 days, but after that narrow window, it becomes very difficult to undo.^[4] Before signing, it is worth understanding exactly what you are agreeing to.

2. A Court Order Adjudicating Paternity

When the parents do not agree, or when genetic testing is needed to confirm who the father is, paternity is decided by a court. This is called a suit to adjudicate parentage. The court can order genetic testing, review the results, and enter an order naming the child’s legal father.

Texas law sets out who is allowed to bring this kind of case. The mother, the man who believes he is the father, the child through a representative, and the state’s child support agency can all have standing to file.^[5] A court order is also the path that lets the judge decide custody and support in the same proceeding.

Is There a Deadline to Establish Paternity?

It depends on whether the child already has a presumed father. If the child has no presumed, acknowledged, or adjudicated father, a paternity case can usually be filed any time before the child becomes an adult. The timeline is forgiving in that situation.

If the child does have a presumed father, the rule is much stricter. A suit to adjudicate parentage generally has to be filed before the child’s fourth birthday.^[6] There are narrow exceptions, such as when the presumed father and mother were not together during the probable time of conception. Fort Worth courts have upheld and applied this four-year limit, so the deadline is real and worth taking seriously.

Because these deadlines turn on facts that are not always obvious, timing is one of the first things to evaluate. Acting early protects your options. Waiting can close them.

What Establishing Paternity Unlocks

Establishing paternity is the legal foundation, but on its own, it does not hand a father a custody schedule or a support order. Those come from a separate request to the court, often filed together with the paternity case. Establishing paternity is what makes them possible.

Once paternity is in place, the court can address:

Custody and parenting time. In Texas, custody is called conservatorship, and the schedule of time with the child is called possession and access. How a court divides conservatorship and parenting time turns on the best interest of the child, and a court order is what makes that time enforceable.
Child support. A father cannot be ordered to pay, and a child cannot receive support from him, until he is the legal father. Once paternity is established, the amount is determined under Texas child support guidelines, which tie the amount a parent pays to that parent’s income.
Medical and dental support. The court can order which parent provides the child’s health and dental coverage.
Decision-making rights. Conservatorship determines who has a say in education, medical care, and other major decisions in the child’s life.
An accurate birth certificate. Once paternity is established, the child’s birth record can be updated to name the legal father.

Paternity Cases for Mothers and for Fathers

Paternity work cuts both ways, and Cutrer Law Group represents parents on both sides of these cases. The goal is the same: a clear, enforceable order that protects the child.

If You Are an Unmarried Father

Establishing paternity is the starting point for any father who wants a legal relationship with his child. An informal arrangement with the mother can feel stable right up until it is not. Without an order, there is no possession schedule to enforce, no decision-making right the mother must honor, and nothing stopping her from relocating with the child. Establishing paternity, then securing a parenting order, is how a father turns involvement into rights the law will back.

If You Are a Mother

For a mother, establishing paternity is often the route to child support and to a stable, predictable order. It legally identifies the father and opens the door to support, medical coverage, and a defined schedule. It can also provide certainty when there is a question about who the father is, since the court can order genetic testing as part of the case.

How Cutrer Law Group Approaches Paternity Cases

Cutrer Law Group is led by an attorney who is board-certified in family law by the Texas Board of Legal Specialization, a credential held by only a small share of Texas attorneys. We intentionally limit our practice to Tarrant County and the surrounding area so the team stays familiar with the local courts and how they handle these cases.

Our approach to paternity is the same one we bring to every matter: settle when it makes sense, litigate when it is necessary. Many paternity questions can be resolved cooperatively, especially when both parents agree on who the father is and simply need a sound, enforceable order. When agreement is not possible, or when genetic testing and a contested hearing are required, we are prepared to handle it in court.

What we will not do is push a family toward conflict it does not need. We explain the law in plain terms, lay out your options, and help you choose the path that protects your child and your rights.

Frequently Asked Questions About Texas Paternity

Does signing the birth certificate establish paternity in Texas?

Not by itself. Putting a father’s name on the birth certificate is not the same as legally establishing paternity. Texas establishes paternity through a valid Acknowledgment of Paternity or a court order. If you signed the birth certificate but never completed an AOP or obtained an order, your legal status as the father may not be settled.

Can I get custody just by establishing paternity?

No. Establishing paternity creates the legal relationship, but it does not automatically grant custody or a visitation schedule. Those come from a court order addressing conservatorship and possession, which is usually requested in the same case. Paternity is the foundation that makes a custody order possible.

What if I am not sure I am the father?

If paternity is in question, a court can order genetic testing as part of a suit to adjudicate parentage. The results help the court decide who the legal father is. This is one reason not to sign an Acknowledgment of Paternity if you have real doubts, because reversing it after the 60-day window is difficult.

How long do I have to establish or challenge paternity?

If the child has no presumed father, you generally have until the child reaches adulthood. If the child has a presumed father, a case to adjudicate parentage usually must be filed before the child’s fourth birthday, with only narrow exceptions. Because the deadline depends on the specific facts, it is worth getting advice early.

Do paternity issues come up in divorce?

They can. If a child is born during a marriage or shortly after it ends, the husband is typically presumed to be the father, and paternity may need to be confirmed or resolved as part of the Texas divorce process.

Talk With a Tarrant County Paternity Attorney

Establishing paternity protects your child and your rights, and the sooner it is handled, the more options you have. Cutrer Law Group offers a free, no-obligation case evaluation to help you understand where you stand and what comes next.

Call (817) 422-5455 to schedule your free case evaluation.

Sources

[1] Tex. Fam. Code § 160.201 (Establishment of Parent-Child Relationship) | https://statutes.capitol.texas.gov/Docs/FA/htm/FA.160.htm

[2] Tex. Fam. Code § 160.204 (Presumption of Paternity) | https://codes.findlaw.com/tx/family-code/fam-sect-160-204/

[3] Tex. Fam. Code §§ 160.301–160.305 (Acknowledgment of Paternity; Effect of Acknowledgment) | https://law.justia.com/codes/texas/family-code/title-5/subtitle-b/chapter-160/subchapter-d/section-160-305/

[4] Tex. Fam. Code § 160.307 (Procedures for Rescission) | https://law.justia.com/codes/texas/family-code/title-5/subtitle-b/chapter-160/subchapter-d/section-160-307/

[5] Tex. Fam. Code § 160.602 (Standing to Maintain Proceeding) | https://texas.public.law/statutes/tex._fam._code_section_160.602

[6] Tex. Fam. Code § 160.607 (Time Limitation: Child Having Presumed Father) | https://law.justia.com/codes/texas/family-code/title-5/subtitle-b/chapter-160/subchapter-g/section-160-607/