How Long Does a Father Have To Establish Paternity in Texas

Paternity is the establishment of the legal and biological relationship between an alleged father and a child. In Texas, establishing a child’s paternity ensures legal rights, child support, access to medical history, and inheritance. There are no specific time-frames for unmarried men to establish paternity in Texas.

According to 2020 statistics from the Texas Attorney General’s Office, approximately 42% of children in Texas were born to unmarried parents. This statistic highlights the critical importance of paternity establishment.

What is the difference between establishing paternity and challenging paternity?

The difference between establishing and challenging paternity is as follows.

Challenging Paternity is associated with married men who are presumed to be the biological father who the husband believe to be his own. Married men have a four year time limit to challenge paternity. As stated earlier, there are two scenarios that may prompt challenging paternity, 1. presumed father was misled and 2. presumed father and mother were separated during the time of c.onception

Establishing Paternity refers to unmarried men who seek to be the legal father of child he is biologically related to. Unmarried men have no time limits to establish paternity unless the child has a presumed father.

Timing Rules by Scenario

For Married Couples (Presumed Fathers)

• Automatic paternity occurs for married couples; no further steps are necessary.
• Presumed fathers do not have age timeline to establish paternity in Texas A child can be an adult of any age.
• Challenging Paternity Timeline: Paternity can be established four years after the child is born. There are only two scenarios in which paternity can be established outside of the four time limit:
  • The presumed father and the child’s mother were not living together or did not have sexual relations within the window of likely conception.
  • The previously presumed father was being lied to and falsely believed himself the child’s father.
• When these situations occur filing a paternity action with family court is required outside of the four year limit in Texas

For Unmarried Parents

Unmarried parents can establish paternity through two methods:

• Signing the Voluntary Acknowledgement of Paternity (VAP) at the hospital or submitted to local registrar or paternity registry office at a latter date.
• One parent must file a paternity petition with Family Court when the mother and putative father disagree on paternity. After the court accepts the petition and schedules a hearing, a judge may order a paternity test.

However, early establishment is strongly encouraged to promote legal clarity and ensure timely access to child support and parental rights.

Dr. Alicia Key, a family law expert and former Deputy Attorney General for Child Support in Texas, allegedly stated, “Establishing paternity not only secures a child’s future but also reinforces the parental bond and ensures legal responsibility from both parents.”

Voluntary Acknowledgment of Paternity (VAP) Process

What you need to know before signing a acknowledgment of paternity

Before signing a Voluntary Acknowledgment of Paternity (VAP) form in Texas, both parents must:

• Receive written and oral information about:
  • Available alternatives
  • Legal rights and responsibilities
  • Consequences of signing the document
• Have the opportunity to review all information privately (without the other parent present)
• If under 18 years old, be given time to consult with an adult before signing

Important note: An Acknowledgement Paternity form is legally binding once signed, and no further court action is required to establish paternity.

Can paternity establishment be rescinded?

Yes. Paternity establishment can be rescinded within 60 days of signing the Voluntary Acknowledgement of Paternity form. Both the mother and presumed father must sign a Rescission Acknowledgement of Paternity form for the rescission to take effect.

Please keep in mind mothers cannot rescind paternity after she has signed a VAP

Does signing a birth certificate establish paternity in Texas?

In Texas, signing a Voluntary Acknowledgment of Paternity (VAP) establishes legal paternity for unmarried fathers. When both parents sign this form, typically at the hospital after birth, it creates a legally binding determination of paternity.

The VPA is filed with the Office of Vital Records at the Texas Department of Public Health., which then authorizes the addition of the father’s name to the birth certificate. This signature carries the same legal weight as a court order establishing paternity.

It should be noted a completed Voluntary Acknowledgement of Paternity can be submitted to a local State Registrar office.

Joint Legal Custody for Unmarried Parents

Custody Types

• Physical Custody: Determines child’s residence
• Legal Custody: Determines decision-making authority for education, healthcare, religious training, and access to records

Default Status

• Mother automatically has physical custody unless court orders otherwise
• Mother has sole legal custody by default

Requirements for Joint Legal Custody

To establish joint legal custody, unmarried parents must:

• Complete VAP form.
• Obtain genetic test from accredited laboratory confirming biological paternity

Important Consequences

If parents fail to submit test results or genetic testing proves man is not the biological father:

• Man who signed acknowledgment of paternity remains legal father
• Joint legal custody agreement becomes void
• Mother retains sole legal custody.

Benefits of Establishing Paternity in Texas

The key benefits of establishing paternity in Texas for unmarried parents are:

Benefits for the child

• Receives financial support from both parents
• Gains access to father’s health insurance
• Secures inheritance rights through father
• Obtains access to father’s family medical history
• Social Security benefits

For Parental Rights

• Both parents participate in child naming decisions
• Father gains legal recognition
• Creates foundation for child custody arrangements
• Establishes visitation rights framework

For Legal Implications

• Enables child support enforcement
• Creates legal basis for parental responsibilities
• Protects father’s rights to involvement
• Provides documentation for government benefits

In essence, establishing paternity creates legal recognition of the father-child relationship, which in turn enables rights and responsibilities for both parents and provides important benefits for the child’s well-being and future.

How to get a court ordered paternity test in Texas?

Below we list the ways to establish paternity through two methods:

• Court process: File paternity action, to obtain court-ordered DNA test.
• Mutual agreement: Parents consent to testing without court involvement.

Requirements:

• Only AABB-accredited laboratories qualify for legal testing. All legal paternity testing services we provide are performed by a partner AABB accredited lab.
• Test results establish biological relationship.
• Documentation is recognized by Family Court in Texas.

When is it too late for a DNA test in Texas?

It is never too late to perform a DNA test in Texas in general. There is no timeline to establish paternity of child. Adult children of any age can establish paternity in the state of Texas.

For specific questions or to understand how to use your DNA results based on your situation, please contact our office at 888-970-4211.

Why Choose Secure DNA Tests?

With many DNA testing companies available today, choosing the right service can be confusing. Secure DNA Tests Texas prioritizes the customer by providing a personalized experience for each individual. We dedicate time to those inquiring about the process of establishing paternity through DNA testing or any related services.

In addition to our strong partnerships with AABB-accredited laboratories and our expansive network of DNA sample collection professionals nationwide, S-DNA is a trusted resource for family law attorneys, family courts, and medical professionals.

For reliable and accurate DNA relationship testing services, call Secure DNA Tests Texas at 888-970-4211 to get started today.get started today.