Paternity Attorney — Conroe & Greater Houston, TX
When legal fatherhood is established in Texas, a father gains the right to pursue custody and visitation — and the legal groundwork for child support is set. Our firm stands for fathers working to establish paternity, mothers pursuing support, and anyone challenging an incorrect designation. Free consultation.
Establishing Legal Fatherhood in Texas — Rights, Obligations, and the Path Forward
A biological tie by itself does not make a man a legal father in Texas. Under Texas Family Code Chapter 160 — which adopts the Uniform Parentage Act — legal paternity has to be established in one of three ways: by being married to the mother when the child is born, by signing an Acknowledgment of Paternity (AOP), or through a court proceeding. Until that happens, an unmarried father holds no enforceable right to custody or visitation, and there is no child support obligation.
The quickest and most straightforward route is an Acknowledgment of Paternity (AOP) under TFC § 160.301 — a voluntary signed document, frequently completed at the hospital when the child is born, that establishes a legal presumption of paternity once it is filed with the Bureau of Vital Statistics. An AOP carries the same legal effect as a court order. That said, it may be rescinded within 60 days of signing or before the first court proceeding on the issue, whichever comes first.
Texas law presumes a man to be a child’s father if he was married to the mother at the time of birth or within 300 days before birth, if he voluntarily asserted paternity in a record filed with the Bureau of Vital Statistics, or if he continuously resided with the child for the first two years and held himself out as the father. Presumed father status carries legal consequences and deadlines for challenge under TFC § 160.607.
When paternity is contested — or when a man seeks to challenge a designation already in place — the case proceeds to court by way of a Suit to Adjudicate Parentage. Court-ordered genetic testing generally settles the biological question, and the court then decides custody, visitation, and support in that same case. Because these challenges carry strict deadlines, moving quickly is critical.
Why Prompt Action Matters
The deadlines in Texas paternity law are strict. An AOP is only open to rescission within 60 days. A presumed father’s paternity challenge under TFC § 160.607 generally has to be brought within four years of the child’s birth — subject to narrow exceptions. Delaying an effort to assert or dispute paternity can sharply narrow your legal options. Whether you are a father working to secure your rights or a man wrongly named as a legal father, it is essential to talk with an attorney without delay.
Paternity Representation for Every Side of the Issue
Until legal paternity is established under TFC Chapter 160, an unmarried father has no enforceable rights to custody or visitation. If a mother is withholding access or you have not yet been legally recognized as the father, establishing paternity is the necessary first step. After legal fatherhood is in place, the court can enter conservatorship and possession orders — and enforcement becomes an option.
Legal paternity has to be established before a court can order child support under TFC Chapter 154. Our firm represents mothers in paternity proceedings to identify a child’s legal father and secure support obligations — including back support dating to the child’s birth where circumstances warrant. A court-ordered paternity finding is the foundation for enforceable support.
A man wrongly named as a child’s father — whether through an AOP signed under a mistaken belief, a marital presumption under TFC § 160.204, or another legal designation — may have grounds to contest that status under TFC § 160.308 or § 160.607. Such challenges are governed by strict deadlines. We review the facts and advise whether a challenge is viable before the deadline runs.
AOP vs. Court-Ordered Paternity in Texas
Voluntary — signed by both parents, and often completed at the hospital when the child is born. It is fast and inexpensive, and once filed with the Bureau of Vital Statistics it creates a legal presumption of paternity that carries the same legal effect as a court order establishing paternity.
Rescission is available within 60 days of signing or before a court proceeding on the issue, whichever comes first. Once that window has closed, a challenge under TFC § 160.308 requires court proceedings and must rest on fraud, duress, or material mistake of fact.
A court proceeding used when paternity is contested or an AOP is unavailable. The court may order genetic testing under TFC § 160.502, and once biological paternity is confirmed it enters an order establishing legal fatherhood.
Beyond paternity, the order also covers conservatorship (custody), possession and access (visitation), and child support — settling every parentage issue in one proceeding under TFC § 160.636. This is the full path to enforceable parental rights.
Deadlines Matter — Act Promptly
Texas paternity law sets firm deadlines. An AOP may be rescinded within 60 days under TFC § 160.301. A presumed father’s challenge generally has to be filed within four years of the child’s birth under TFC § 160.607, subject to narrow exceptions. Letting these windows pass severely limits your options. If you are unsure whether a deadline affects your situation, speak with an attorney before you act.
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141 N. San Jacinto Street
Conroe, TX 77301
Mon–Thu: 8:30 AM – 5:30 PM
Fri: 8:30 AM – 12:00 PM
Sat–Sun: By Appointment
Paternity Attorney Serving Conroe, Houston & Greater Houston
Our firm takes on paternity establishment, AOP proceedings, Suits to Adjudicate Parentage, and paternity contests across the Greater Houston area — including Conroe, The Woodlands, Spring, Tomball, Magnolia, Willis, and Montgomery in Montgomery County, along with Houston, Cypress, Humble, Kingwood, Katy, Sugar Land, and Pearland in Harris County. We also represent clients in Fort Bend County, Brazoria County, and Waller County. Free consultations can be arranged by phone or online.
Paternity FAQ — Texas
Under Texas Family Code Chapter 160, a biological link by itself produces no enforceable rights or obligations. Without a legal determination of paternity, an unmarried father cannot enforce custody or visitation — a mother may lawfully deny access, and there is no court order to enforce. On the other side, child support cannot be ordered under TFC Chapter 154 until legal paternity has first been established.
Legal fatherhood is also a prerequisite for the child’s inheritance rights, health insurance eligibility, Social Security benefits, military benefits, and placing the father’s name on the birth certificate. A biological connection on its own creates none of these rights or duties.
An Acknowledgment of Paternity (AOP) under Texas Family Code § 160.301 is a voluntary signed document — frequently completed at the hospital when the child is born — that establishes a legal presumption of paternity once it is filed with the Bureau of Vital Statistics. It carries the same legal effect as a court order establishing paternity.
An AOP may be rescinded within 60 days of the signing date or before the first court proceeding on the issue, whichever comes first. Once that rescission window has closed, contesting the AOP requires a court proceeding under TFC § 160.308 and must be grounded in fraud, duress, or material mistake of fact — a considerably higher bar.
Once paternity has been legally established — whether through an AOP or a court order under TFC Chapter 160 — the court may enter orders for conservatorship (custody), possession and access (visitation), and child support under Texas Family Code Chapters 153 and 154. Where the parties agree, these can be entered as agreed orders. Where they do not, the court holds a hearing and issues orders based on the best interest of the child under TFC § 153.002.
A Suit to Adjudicate Parentage under TFC § 160.636 handles paternity, custody, and support within a single proceeding — giving the parent-child relationship a complete, legally enforceable foundation in one case.
Once the 60-day rescission window has closed, contesting an AOP requires a court proceeding under Texas Family Code § 160.308 and must rest on fraud, duress, or material mistake of fact. The court may order genetic testing. Yet even where biology plainly shows the AOP was mistaken, courts must still weigh the best interest of the child under TFC § 160.309 — a factor that can complicate late challenges, especially when the man has served as the child’s father for years and a parent-child relationship has taken hold.
Under Texas Family Code § 160.204, a man is presumed to be a child’s father if he was married to the mother when the child was born or within 300 days before the birth, if he voluntarily asserted paternity in a record filed with the Bureau of Vital Statistics, or if he lived continuously with the child for the first two years of the child’s life while holding himself out as the father.
Presumed father status brings full legal rights and obligations. A presumed father who believes he is not the biological father may contest that status — but generally must file within four years of the child’s birth under TFC § 160.607, subject to narrow exceptions. Acting before the deadline is critical — letting it pass severely limits legal options.
Questions About Paternity Rights in Texas? Let’s Talk.
Our firm represents clients across Conroe, Houston, and Greater Houston. Paternity deadlines do not wait — and consultations are free and confidential.
(936) 298-8000Serving Greater Houston & Surrounding Counties
This firm represents clients throughout Montgomery, Harris, Fort Bend, Brazoria, and Waller Counties — with our office based in Conroe, steps from the Montgomery County Family Law Courts.
Meet Our Team at the Law Office of Keith Phillips
Keith became a licensed mediator in 2020, and that perspective shapes how he approaches every case — focused on practical, efficient resolution while fully prepared to litigate when necessary. He is a father of five.
Behind the scenes, Kaitlyn is the one making sure nothing falls through the cracks — preparing documents, coordinating discovery, and tracking every deadline — so clients can focus on their families while she handles the details. What clients remember most is simply how heard she made them feel.
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Attorney advertising. Law Office of Keith Phillips is a Texas law firm. The information on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Prior results do not guarantee similar outcomes. Keith Phillips (TX Bar 2016) is the attorney responsible for this content.