How to Establish Paternity in Texas

Texas Family Code, Section 160.001, establishes the procedures for determining paternity in the state, affecting unmarried parents and their children. The statute applies to all children born out of wedlock in Texas, providing a framework for establishing parental rights and responsibilities.

As of September 1, 2017, the Texas Family Code requires a $300 filing fee for a petition to establish paternity under Chapter 160.

Paternity Establishment Process

Under Texas Family Code, Section 160.002, a man is presumed to be the father of a child if he is married to the mother at the time of the child’s birth, or if he has been named as the father on the child’s birth certificate, within 31 days of the birth. The court uses the “best interests of the child” standard, as outlined in Section 153.002, to guide its decisions in paternity cases, considering factors such as the child’s physical and emotional needs, and the ability of each parent to provide a stable home environment.

In practice, this means that the court will consider evidence of the parents’ ability to provide for the child’s physical, emotional, and financial well-being, as well as their willingness to cooperate and communicate with each other, when determining custody and visitation arrangements, which must be filed within 180 days of the petition. The court may also consider the results of genetic testing, which can establish paternity with a probability of at least 99%, as required by Section 160.505.

This is where the law gets teeth, as the court has the authority to order genetic testing, under Section 160.502, if the alleged father denies paternity, and to impose penalties for non-compliance, including a fine of up to $500, as stated in Section 160.708.

Voluntary Acknowledgment of Paternity

Acknowledgment Requirements

Under Texas Family Code, Section 160.301, a man can voluntarily acknowledge paternity by signing an Acknowledgment of Paternity form, which must be witnessed by a notary public, within 60 days of the child’s birth. The form must include the man’s Social Security number, and the mother’s Social Security number, if available, as required by Section 160.302.

In plain terms, this means that the man is admitting to being the father of the child, and is willing to take on the responsibilities and rights that come with parenthood, including paying child support, which can be up to 20% of his net income, as stated in Section 154.061.

Rescission of Acknowledgment

Under Texas Family Code, Section 160.307, a man who has signed an Acknowledgment of Paternity may rescind it within 60 days of signing, by filing a Rescission of Acknowledgment form with the court, and paying a filing fee of $100. After 60 days, the acknowledgment can only be challenged in court, through a proceeding to adjudicate parentage, under Section 160.601.

Involuntary Establishment of Paternity

Under Texas Family Code, Section 160.401, if the alleged father does not voluntarily acknowledge paternity, the mother or the state may file a petition to establish paternity, which must be served on the alleged father at least 45 days before the hearing. The court may order genetic testing, at a cost of up to $1,500, as stated in Section 160.504.

The court will consider the results of the genetic testing, as well as other evidence, such as witness testimony and documentary evidence, to determine whether the alleged father is the biological father of the child, and may impose a fine of up to $1,000 for failure to comply with the court’s orders, as stated in Section 160.709.

Legal Process in Texas

Paternity cases in Texas are typically heard in the family law courts, which have jurisdiction over all matters related to family law, including paternity, child custody, and child support, as stated in Section 23.001 of the Texas Government Code. The court may appoint an attorney ad litem to represent the interests of the child, at a cost of up to $5,000, as stated in Section 107.021.

The legal process typically begins with the filing of a petition to establish paternity, which must be served on the alleged father, and may involve multiple hearings and trials, which can take up to 6 months to complete, as stated in Section 160.402.

Penalties and Consequences

Under Texas Family Code, Section 160.706, a man who is found to be the father of a child may be ordered to pay child support, which can be up to 20% of his net income, as stated in Section 154.061. Failure to pay child support can result in penalties, including fines of up to $500 per month, as stated in Section 160.708.

In addition, a man who is found to be the father of a child may also be ordered to pay retroactive child support, which can be up to 4 years’ worth of support, as stated in Section 160.706, and may be required to pay interest on the amount owed, at a rate of up to 6% per annum, as stated in Section 160.707.

Comparison to Other States

Texas law regarding paternity establishment is similar to that of other states, such as California and New York, which also provide for voluntary acknowledgment of paternity and involuntary establishment of paternity through the courts, as stated in California Family Code Section 7540, and New York Family Court Act Section 516. However, the specific procedures and timelines may vary, with California allowing for a 60-day rescission period, and New York allowing for a 30-day rescission period.

For example, in Florida, the deadline for filing a petition to establish paternity is 4 years from the child’s birth, as stated in Florida Statutes Section 742.011, whereas in Texas, there is no deadline for filing a petition to establish paternity, as stated in Section 160.401.

Practical Steps and Enforcement

The Texas Attorney General’s Office is responsible for enforcing child support orders, and may take action to collect unpaid child support, including garnishing wages, and seizing assets, within 30 days of the order, as stated in Section 157.001. The Office may also provide assistance to parents who are seeking to establish paternity, within 60 days of the request, as stated in Section 160.402.

In practice, this means that parents who are seeking to establish paternity should contact the Attorney General’s Office, or a private attorney, within 30 days of the child’s birth, to initiate the process, and may be required to provide documentation, such as birth certificates, and social security numbers, within 10 days of the request, as stated in Section 160.302.

Recent Changes and Current Legislative Status

In 2019, the Texas Legislature passed Senate Bill 1238, which made changes to the state’s paternity establishment laws, including increasing the filing fee for a petition to establish paternity to $300, as stated in Section 160.401. The bill also added new provisions regarding the use of genetic testing in paternity cases, which must be completed within 90 days of the order, as stated in Section 160.504.

Looking forward, it is likely that the Texas Legislature will continue to make changes to the state’s paternity establishment laws, in an effort to improve the efficiency and effectiveness of the process, and to better serve the needs of families, with proposed changes including increasing the deadline for filing a petition to establish paternity to 5 years from the child’s birth, as stated in proposed Senate Bill 1239.