Paternity in Texas is more than a DNA test.

If you are not married to the other parent, Texas does not automatically give you a full set of parental rights — or a full set of duties. Parentage is the legal finding that a person is a child’s parent. Until that finding exists, a court generally cannot enter conservatorship, possession, or child support orders tied to that parent. A name on a birth certificate is not the same thing as a court order. A handshake at the hospital is not either.

Fowler Legal, PLLC handles parentage matters in Williamson, Travis, Bell, Burnet, and Lampasas Counties. Natalie N. Fowler is based in Georgetown. The first meeting is a free 30-minute Zoom. In-person meetings in Georgetown are by appointment only. There is no public lobby.

Texas parentage law lives in Texas Family Code Chapter 160, the Uniform Parentage Act. The statute sets out who is a presumed father, how an Acknowledgment of Paternity works, when a court can adjudicate parentage, and when genetic testing is required. The path that fits depends on whether everyone agrees, whether someone already signed paperwork, and whether a presumed father is already in the picture.

AOP, court, or DNA

Acknowledgment of Paternity (AOP). An AOP is a sworn form signed by the mother and the man claiming to be the genetic father. When a valid AOP is filed with the Texas Vital Statistics Unit, it is the equivalent of a court adjudication of paternity. It confers the rights and duties of a parent. No separate lawsuit is required for that finding. That is why you should not sign because someone at the hospital handed you a clipboard. If there is any doubt, do not sign until you have genetic testing — or until you have spoken with a lawyer.

Texas gives signatories a short window to rescind an AOP: generally before the 60th day after the acknowledgment’s effective date, or before the first hearing in a proceeding about the child, whichever comes first. After that window, a challenge generally requires a court proceeding based on fraud, duress, or a material mistake of fact. Genetic testing that excludes the acknowledged man can be a material mistake of fact — but timing still matters. Do not assume you can undo an AOP years later because a later test comes back negative.

If the child already has a presumed father — often because the mother was married to someone else — a valid Denial of Paternity from that presumed father is usually required before a new AOP can take effect. Chapter 160 is strict about not creating two legal fathers by paperwork.

Court adjudication. If the parents do not agree, someone refuses to sign, a presumed father will not sign a denial, or the Office of the Attorney General is pursuing support, parentage is decided in court. The case is often combined with a Suit Affecting the Parent-Child Relationship so that once parentage is found, the court can also enter orders for conservatorship, possession, and support. When a child already has a presumed, acknowledged, or adjudicated father, Chapter 160 generally requires genetic testing to disprove that relationship. If you want testing, say so before an order is entered.

Genetic testing (DNA). A cheek swab is the usual method. When a court orders testing, the mother, child, and alleged father are typically required to participate. Results that meet the statutory threshold create a rebuttable identification of the man as the father. Results that exclude him support an adjudication of nonpaternity. DNA answers biology. It does not write a possession schedule or a support order. Those orders come after parentage is established. A kit from the internet is not testing a court will rely on.

What parentage unlocks

Once a man is the legal father — by valid AOP or by court order — Texas can treat him as a parent for the issues that actually run a child’s life:

• Conservatorship — who decides school, medical care, and other major issues (child custody)
• Possession and access — a real schedule, not whatever the other parent allows this month
• Child support and medical support — numbers tied to a legal parent
• Records and notice — school, medical, and later proceedings
• Standing later — modifications, enforcement, and a seat at the table if DFPS is involved

It cuts the other direction too. A man who is not the father should not be paying support for a child who is not his. A mother should not be left without a legal father on the order because nobody filed. Parentage is the foundation. Custody and support are built on it.

Chapter 160 uses specific labels. A presumed father often exists because of marriage, or because he lived with the child for the first two years of life and held the child out as his own. An acknowledged father signed a valid AOP. An adjudicated father was named in a court order. An alleged father has been named but does not yet have that status. A presumed father who does nothing can still be treated as a legal father. An alleged father who wants rights cannot wait for informal visits and assume a judge will later bless them. Marriage and presumption issues can overlap with divorce.

Williamson, Travis, Bell, and Burnet

Natalie files and defends parentage cases in the four counties she serves. Georgetown is the home base. Round Rock, Cedar Park, and Leander are in the service area; the filing county depends on the case. Austin matters are Travis County service only — Fowler Legal, PLLC does not have an Austin office. Temple and Killeen are Bell County. Marble Falls is Burnet County.

You do not walk in off the street. Call (512) 765-5811, email fowlerlegal@gmail.com, or use the contact form. The first meeting is a free 30-minute Zoom with Natalie. In-person in Georgetown is by appointment only. Bring the AOP if one was signed, any Attorney General paperwork, the birth certificate, and any genetic-test results. If you have not signed anything yet, say that.

Common questions

Do I need a court case if we both signed an AOP?

A valid AOP filed with Vital Statistics is the equivalent of a court finding of paternity. You may still need a SAPCR for a possession schedule, conservatorship, or child support. Parentage and a parenting plan are not the same filing.

Can I get a DNA test before I sign anything?

Yes, and if there is any doubt, you should. Do not sign an AOP to be polite. After the rescission window, unwinding an acknowledgment is a lawsuit with a high bar.

What if the Attorney General already opened a child-support case?

Parentage is often decided in that case whether you hired a lawyer or not. You can still retain private counsel. Ask about conservatorship and possession on the consult, not only the support number.

Talk with Natalie

If you need to establish parentage, challenge an AOP, or turn a DNA result into actual orders, call Fowler Legal, PLLC at (512) 765-5811 or request a free 30-minute Zoom consultation. Georgetown-based. In-person by appointment only. Learn more about Natalie N. Fowler. Once parentage is established, best interest still controls custody.

This page is general information about Texas parentage law, not legal advice, and reading it does not create an attorney-client relationship.