What Happens If Paternity Is Disputed in Texas?

Establishing paternity is essential for determining parental rights and responsibilities. But what happens when paternity is disputed in Texas? Whether you’re a mother seeking child support or a father questioning legal obligations, here’s what you need to know.

Why Is Paternity Important?

Paternity establishes:

• Legal fatherhood
• Rights to custody and visitation
• Responsibility for child support
• Access to benefits like health insurance and inheritance

Without legal paternity, a father has no enforceable rights to the child.

What Happens When Paternity Is Disputed?

If parents disagree about who the child’s father is, the issue must be resolved through the Texas family court system. The process typically involves:

1. Filing a Paternity Case

Either parent—or the Texas Attorney General—can file a petition to establish paternity.

2. Court-Ordered DNA Testing

The court will order genetic testing for the child, the alleged father, and the mother. These tests are highly accurate and usually settle disputes quickly.

3. Issuing a Paternity Order

If the test confirms paternity, the court issues an order establishing legal fatherhood. This order may include:

• Child support obligations
• Custody and visitation rights
• Medical support requirements

What If the Alleged Father Refuses Testing?

Refusing a court-ordered DNA test can lead to:

• Default judgment: The court may declare the man the legal father.
• Contempt of court: Penalties may include fines or jail time.

Can Paternity Be Challenged After It’s Established?

Yes, but only under limited circumstances, such as:

• Fraud or misrepresentation during the original case
• New evidence proving the man is not the biological father

Texas law sets strict deadlines for challenging paternity, so act quickly if you believe an error occurred.

FAQ Section

Q: How long does a paternity case take in Texas?
 A: Most cases resolve within a few months, especially if DNA testing is straightforward.

Q: Who pays for DNA testing?
 A: Costs are usually assigned to the alleged father if paternity is confirmed.

Q: Can paternity be established without going to court?
 A: Yes, through a Voluntary Acknowledgment of Paternity signed by both parents.

Meet With Our Team to Learn More About Paternity Disputes in Texas

Consult with an experienced family law attorney at Kimbrough Legal, PLLC, for help understanding how paternity disputes work in Texas and navigating your rights. We know how to meet you where you are by bringing a warm and reasonable approach to your case. Contact our office today to schedule a meeting about your paternity concerns.