Establishing paternity identifies a child’s legal father and creates enforceable rights and responsibilities involving custody, visitation, child support, inheritance, and certain benefits. Navarrete & Schwartz, P.C. represents mothers, alleged fathers, presumed fathers, and legal fathers in Midland, Odessa, and communities throughout West Texas.
Whether you need to establish parentage, contest an incorrect determination, or obtain custody and support orders, the outcome can affect your relationship with your child and your financial obligations. We will explain how Texas law applies, handle the required filings, and pursue orders that protect your rights and your child’s best interests.
Why Choose Navarrete & Schwartz for Your Paternity Case?
Rick Navarrete and Christine Schwartz bring more than 40 years of combined experience to family law matters across West Texas. We approach paternity cases with discretion while providing direct advice about the legal and practical consequences involved.
Clients choose our firm for:
- Individualized strategies based on their circumstances and goals
- Clear communication throughout testing, negotiation, and court proceedings
- Direct handling of communications with opposing counsel and the court
- Strong representation in contested hearings and trials
- A focus on obtaining clear, enforceable orders for custody, visitation, and support
How Is Paternity Established in Texas?
When a child is born to married parents, Texas law generally presumes that the mother’s husband is the father. When parents are unmarried, legal paternity may be established voluntarily through an Acknowledgment of Paternity or through a court proceeding.
A mother, alleged father, presumed father, authorized government agency, or another qualifying party may initiate a paternity case. The Texas Office of the Attorney General may also become involved when legal parentage must be established to obtain child support or address certain public benefits.
We can determine which process applies, prepare the necessary documents, and address related requests for conservatorship, possession, and financial support.
What Is an Acknowledgment of Paternity?
An Acknowledgment of Paternity, or AOP, allows a child’s mother and biological father to establish legal paternity voluntarily. Parents often sign the form at the hospital after the child is born, but they may also complete it later through an authorized AOP entity.
Once properly filed, the AOP has the same legal effect as a court determination of paternity. Parents should not sign it if either has doubts about the child’s biological father. If another man is legally presumed to be the father, he may also need to complete a Denial of Paternity.
For unmarried parents, signing the birth certificate alone does not establish legal fatherhood.
How Can Someone Contest Paternity in Texas?
Paternity may be contested when a presumed father questions whether he is the biological parent, an alleged father denies parentage, or someone believes an AOP was signed based on incorrect information.
Texas generally permits a person who signed an AOP to rescind it within 60 days or before a court proceeding involving the child begins, whichever occurs first. After the rescission period, challenging the acknowledgment may require proof of fraud, duress, or a material mistake of fact. Other paternity challenges are also subject to deadlines that depend on the facts and the man’s existing legal status.
Because waiting can limit the available options, speak with an attorney promptly if you believe a paternity determination is incorrect.
How Does Genetic Testing Work in a Paternity Case?
When biological parentage is disputed, the court may order genetic testing. Modern testing usually uses cheek-swab samples from the child, mother, and alleged father. An accredited laboratory then compares genetic markers to determine whether the tested man is excluded or meets the legal standard for identifying him as the father.
An at-home DNA test may provide private information, but it may not be accepted as evidence in court. Legal testing must follow procedures that verify the identities of the people tested and document how the samples were handled.
We can request court-ordered testing, respond to a testing request, and explain how the results affect the case.
What Rights Do Unmarried Fathers Have in Texas?
An unmarried biological father does not have enforceable custody or visitation rights until he becomes the child’s legal father. Establishing paternity through an AOP or court order gives him standing to request conservatorship, possession, and access.
Paternity alone does not create a visitation schedule. Parents usually need a court order addressing when the child will spend time with each parent, who will make important decisions, and other rights of unmarried parents in Texas.
How Does Paternity Affect Custody, Visitation, and Child Support?
Once paternity is established, the court can enter orders addressing conservatorship, decision-making authority, possession schedules, child support, and medical support. The court may also address certain pregnancy and birth-related expenses.
Texas courts decide custody and visitation based on the child’s best interests. Child support is determined separately using the paying parent’s net resources, the applicable statutory guidelines, and other relevant circumstances. A parent cannot withhold support because visitation was denied, and unpaid support does not automatically eliminate a parent’s access rights.
Contact Our Midland Paternity Attorneys
A paternity determination can shape a parent’s relationship with a child, establish financial obligations, and affect who may make important decisions. Taking the correct legal steps now can prevent uncertainty and future disputes.
Navarrete & Schwartz, P.C. represents clients in Midland, Odessa, and throughout West Texas in voluntary and contested paternity matters. Contact our office to schedule a consultation and discuss your next step.
Frequently Asked Questions About Texas Paternity
Can a paternity case begin before the child is born?
Yes. A parentage proceeding may be filed before birth, but the court generally cannot enter a final parentage order until after the child is born.
Does establishing paternity automatically change the child’s last name?
No. Establishing legal fatherhood does not automatically change a child’s surname. A parent must request a name change, and the court will consider whether it serves the child’s best interests.
Can parents use the same attorney in a paternity case?
An attorney generally represents only one parent because the parties may have different interests involving custody, visitation, or support. Each parent may seek independent legal advice.