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Texas guide

Paternity Rights in Texas for Unmarried Fathers

An unmarried Texas father is not a legal parent until paternity is established. Once it is, he has the same standing as any parent to seek conservatorship and possession.

Written by A Father's Fight Editorial Team Last updated
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Verification in progress. Statute references on this page are being confirmed against current law by a licensed attorney. Use the official sources listed below for the authoritative text.

Key takeaways

  • Sign an Acknowledgment of Paternity (AOP) when both parents agree—at the hospital or later through a certified entity.
  • An AOP can be rescinded within 60 days (or before a related court hearing); after that, challenge is limited (Chapter 160).
  • If disputed, file a petition to adjudicate parentage and request genetic testing.
  • Ask for conservatorship and possession in the same suit—paternity alone gives you no schedule.

Legal / educational information

Acknowledgment of Paternity

Texas Family Code Chapter 160 (Uniform Parentage Act) makes a properly executed AOP the equivalent of a court adjudication of paternity once filed with the Vital Statistics Unit. The Attorney General's office and hospitals act as certified entities. VERIFY: confirm the current Texas Family Code text and section numbers with a licensed Texas attorney before relying on this—the Legislature amends Title 5 in most sessions.

Legal / educational information

Adjudication in court

A petition to adjudicate parentage can be combined with a SAPCR so paternity, conservatorship, possession, and child support are decided in one case. Courts order genetic testing when parentage is disputed. Texas also maintains a paternity registry for men who wish to be notified of adoption or termination proceedings.

Legal / educational information

Presumed fathers

A man married to the mother at birth (or within 300 days before) is presumed the father; so is a man who lived with the child for the first two years and held the child out as his own. Presumptions can be rebutted in an adjudication.

Frequently asked questions

Your name appears on the certificate because an AOP was signed or a court ordered it. The AOP or order—not the certificate—carries legal effect, and neither creates a possession schedule until a court orders one.

Sources

  1. [1]Texas Attorney General — Paternity
  2. [2]Texas Family Code Chapter 160 — Uniform Parentage Act
  3. [3]TexasLawHelp.org — Child Custody & Visitation

A Father's Fight provides general educational information and personal experiences. It is not a law firm and this page is not a substitute for advice from a licensed attorney in your state. See our disclaimer and editorial policy.