Paternity and fathers' rights lawyer in Dallas

How paternity is established in Texas

Paternity is established by a signed Acknowledgment of Paternity, by a legal presumption, or by a court order. Each one makes a man the child's legal father, with the rights and duties that come with it.

Acknowledgment of Paternity

When parents are not married, both can sign an Acknowledgment of Paternity, often at the hospital when the child is born. Once it is filed with the state's vital statistics unit, it has the same effect as a court finding of paternity. A signer can rescind it within 60 days after it takes effect, or earlier if a court case about the child starts first (Texas Family Code § 160.307).

Presumed father

A man is presumed to be the father if he was married to the mother when the child was born, or if the child was born within 300 days after the marriage ended, among other grounds such as living with the child for the first two years and holding the child out as his own (Texas Family Code § 160.204). The presumption can be challenged, but strict time limits apply.

Court order after genetic testing

When parents disagree, either one can file a suit to adjudicate parentage. The court orders genetic testing. A result showing at least a 99 percent probability of paternity and a combined paternity index of at least 100 to 1 identifies the man as the father, unless other genetic testing rebuts it (Texas Family Code § 160.505).

What legal paternity gives a father, and what it does not

Legal paternity gives a father the same standing as any parent, but it does not give him a schedule. Until a court signs an order in a suit affecting the parent-child relationship, there is no enforceable visitation time, no decision-making order and no child support amount.

That gap is why many fathers who signed the acknowledgment at the hospital later find they cannot make anyone follow a schedule. Police generally cannot enforce time with a child that no court has ordered.

Once paternity is established, the court decides conservatorship (custody), possession and access (visitation) and child support under the same rules that apply in a divorce. Texas law presumes it is in a child's best interest for both parents to be named joint managing conservators, unless facts such as family violence change that (Texas Family Code § 153.131). Joint conservatorship covers rights and decisions. It does not automatically mean equal time.

More on how custody is decided is on the child custody page, and schedules are covered on visitation and relocation.

When paternity is disputed

When one parent will not cooperate, the court can order genetic testing and enforce that order by contempt. If the man whose paternity is being decided refuses court-ordered testing, the court can decide parentage against his position. If the mother refuses, the court can order testing of the child and the man without her (Texas Family Code § 160.622).

• If a mother refuses testing, the court can order testing of the child and the alleged father without her.
• If a man refuses to acknowledge the child, the mother or the Office of the Attorney General can file to have him adjudicated the father and ordered to pay support.
• If more than one man may be the father, the court orders testing, and if more than one man is identified, it orders further testing to find the genetic father.

Disputes over who is the father often arrive with disputes over money and time with the child. Settling the paternity question first, with testing, usually makes the rest easier to resolve.

How John B. Polk helps in a paternity case

Texas does not require a lawyer for a contested paternity case, but the deadlines in Chapter 160 are short, a missed one can make a DNA result irrelevant, and the final order on custody and support can last until the child is grown. That is when legal help matters most.

John has practiced family law in Dallas for more than 25 years and has worked extensively with the Office of the Attorney General's child support division and the Texas courts on paternity and support. He represents both fathers and mothers.

• Explains which route fits: acknowledgment, agreed order or contested suit.
• Requests genetic testing and reviews the results.
• Asks for a possession schedule, conservatorship and support in the same case, so the order is complete.
• Checks deadlines that can close a challenge, which are strict in paternity law.
• Prepares a contested case as if it will go to trial while exploring settlement.

When choosing a paternity lawyer for a father's case, look for someone who handles paternity and custody regularly in Dallas County, knows how the OAG process works, and will tell you plainly what the law allows. You can read about John on the about page.

Options: agreement, mediation or court

How long a paternity case takes in Texas depends on whether paternity is disputed, how quickly testing is done, and whether the parents agree on custody, visitation and support. No fixed waiting period applies to a paternity case the way the 60-day period applies to divorce.

When both parents accept the test result and agree on a schedule, the case can end with an agreed order. When they agree on paternity but not on the parenting plan, mediation is often the next step. John mediates in person at his Turtle Creek office or over Zoom. When agreement is not possible, the judge decides.