Challenging Paternity in Texas: Deadlines, DNA and Support

How do I prove I'm the biological father of a child?

You prove biological paternity with genetic testing done under the rules of Chapter 160 of the Texas Family Code. A result of at least a 99 percent probability of paternity and a combined paternity index of at least 100 to 1 identifies a man as the father (§ 160.505).

That result can be rebutted only by other genetic testing that excludes him or identifies another man. A court will order testing when parentage is disputed, and the OAG can arrange testing in cases it handles.

A test from a home kit can settle a private question, but it is weaker in court because nobody verified who gave the samples. If the answer may be used in a case, ask for court-ordered testing.

Can I challenge paternity after signing the birth certificate?

Yes, but only within tight limits. A signer of an Acknowledgment of Paternity can rescind it before the earlier of 60 days after it takes effect or the start of a court case about the child in which the signer is a party (Texas Family Code § 160.307).

After that, the acknowledgment can be challenged only for fraud, duress or material mistake of fact. A genetic test showing the signer is not the father counts as a material mistake of fact. The challenge must come before a court issues an order affecting the child, including a support order (§ 160.308). The person challenging has the burden of proof.

What if I find out I'm not the biological father?

You may be able to end your legal parentage, but the route depends on how you became the legal father and how long ago you learned the truth.

• If you signed an acknowledgment and no order affecting the child exists yet, you may challenge it under § 160.308.
• If you are the presumed father because you were married to the mother, the four-year limit and its exceptions in § 160.607 apply.
• If you signed an acknowledgment or were adjudicated the father without genetic testing, and you believed you were the father because of misrepresentations, you may petition to terminate under § 161.005 within two years after learning the facts.

The § 161.005 route is not available to an adoptive father or to a man whose wife conceived through assisted reproduction with his consent. The court first holds a hearing, then orders testing, and terminates the relationship only if testing excludes him.

Can I stop paying child support if the child isn't mine?

Not on your own. Support stays due until a court changes the order, even if a home DNA test says you are not the father. Stopping payments without an order can lead to enforcement and arrears.

If the court terminates the relationship under § 161.005, the order ends future support and interest on arrears from that date. Support that came due before the termination order generally remains owed and can still be collected, though not by contempt. See child support for how orders are changed and enforced.

What if a child was born while the mother was married to someone else?

Her husband is presumed to be the father, including for a child born within 300 days after the marriage ended (Texas Family Code § 160.204). Anyone who wants to change that, including the husband, the mother or another man, generally must file within four years after the child's birth.

The case can be brought later if the husband and mother did not live together or have sexual relations during the probable time of conception, or if the husband could not file in time because misrepresentations led him to believe he was the father (§ 160.607). The law also allows the husband to sign a denial of paternity while the biological father signs an acknowledgment.

What happens if the mother refuses a paternity test?

The case goes forward without her test. The mother's own genetic test is not required: if she is unavailable or refuses, the court can order testing of the child and each man whose paternity is in question, and any testing order is enforceable by contempt (Texas Family Code § 160.622).

The rule that lets a court decide parentage against a person who refuses testing applies to the man whose paternity is being determined, not to the mother. A parent who keeps the child from court-ordered testing still risks contempt.

What happens if multiple men claim to be the child's father?

The court sorts it out with genetic testing. If testing identifies more than one man as a possible father, the court orders further testing to find the genetic father (§ 160.505).

Presumptions matter too. A husband's presumed paternity or a signed acknowledgment can stand unless it is successfully challenged within its deadline, so a biological father with a strong test result can still lose if he files too late.

Can a paternity case affect existing child support payments?

Yes, in both directions. A paternity case can create a support order where none existed, and Texas law allows back support for time before filing within the limits of § 154.131.

It can also end a support duty when a man is shown not to be the father and the court terminates his parentage. If another man is then found to be the father, he can be ordered to pay support going forward but not for the period before the termination date (§ 161.005). John has worked extensively with the OAG on these cases. Start with a consultation.