For unmarried parents in New Braunfels, paternity is the legal foundation for almost everything else: custody, visitation, child support, health insurance, inheritance, and even a child’s Social Security and military benefits. Texas does not treat a biological father as a legal father automatically. Legal parentage has to be established in a way the law recognizes. Whether you are a mother seeking support, a father who wants a relationship with his child, or a man who doubts he is the father, a Comal County family law attorney can explain which path fits your situation.
How Texas Establishes Paternity
Texas parentage law is found in Chapter 160 of the Family Code. A man can become a child’s legal father in several ways.
| Path | How it works |
|---|---|
| Presumption | A man is presumed the father if he was married to the mother when the child was born, or in certain other situations tied to marriage or holding the child out as his own |
| Acknowledgment of Paternity | Both parents sign a sworn form, often at the hospital, that is filed with Texas Vital Statistics |
| Court order | A judge adjudicates paternity in a lawsuit, usually after genetic testing |
| Adoption | A court grants an adoption |
The Marital Presumption
Under Texas Family Code § 160.204, a husband is presumed to be the father of a child born during the marriage. The presumption also applies in some cases to children born shortly after a divorce. That presumption can be wrong, which is why our page on a child from another man addresses what happens in a divorce when the husband is not the biological father.
Acknowledgment of Paternity
An Acknowledgment of Paternity, often called an AOP, is a legal document that both parents sign under oath. Once filed with the state, it establishes paternity with the same force as a court order. Hospitals in the New Braunfels area typically offer the form after a birth, and it can also be signed later at certified entities.
An AOP is a serious step. It should not be signed if either parent has doubts about who the father is. Texas law gives a short window to rescind an AOP, generally 60 days after it takes effect, unless a court proceeding involving the child begins first. After that, it can only be challenged on limited grounds such as fraud, duress or material mistake of fact, and within strict time limits.
If the mother was married to someone else when the child was born, the husband usually must sign a denial of paternity for the AOP to be valid.
Genetic Testing in Paternity Cases
When paternity is disputed, the court can order genetic testing. Testing is usually done with a cheek swab, not a blood draw, at an accredited lab. When the results meet the statutory threshold, the man tested is identified as the father, subject to limited challenges. When results exclude him, he is not the father.
Home DNA kits are not admissible as proof in a Texas court because they lack chain-of-custody procedures. They can provide peace of mind, but if paternity matters legally, use court-ordered testing.
Filing a Paternity Case in Comal County
A paternity case is formally called a suit affecting the parent-child relationship (SAPCR). It is usually filed in the county where the child lives. For families in New Braunfels, that may be Comal County or Guadalupe County, depending on which side of the county line the child’s home is on.
A typical paternity case follows these steps:
- Filing the petition. Either parent, the child through a representative, or the Attorney General can file.
- Service. The other parent is formally served or signs a waiver.
- Genetic testing, if paternity is disputed.
- Temporary orders, if needed, for possession, support and insurance while the case is pending.
- Mediation or negotiation on conservatorship, possession and support.
- Final order establishing paternity and setting the parenting plan.
Many paternity cases are handled through the Attorney General’s office, which can arrange testing and seek support. As explained on our page on Attorney General cases, the AG’s attorneys represent the state, not either parent. If custody or visitation is contested, consider hiring your own lawyer.
What a Paternity Order Includes
Once paternity is established, the court can enter the same kinds of orders that are made in a divorce involving children:
- Conservatorship. Rights and duties for each parent, usually as joint managing conservators. See conservatorship.
- Possession and access. Often the Standard Possession Order, or a court-set schedule for children under three.
- Child support. Under the guideline formula explained on our how child support is calculated page.
- Medical and dental support.
- Retroactive support. A court can order support for a period before the case was filed. Texas law generally presumes that limiting retroactive support to four years is reasonable, but the court considers the circumstances, including whether the father knew about the child.
- Name change. The child’s name can be changed if it is in the child’s best interest.
- Birth certificate. The order allows the birth certificate to be amended.
Challenging Paternity
Sometimes a man learns he may not be the biological father of a child he has raised or is paying support for. Texas law allows challenges, but deadlines are strict.
- Presumed fathers. A proceeding to contest a presumed father’s paternity generally must begin within four years after the child’s birth (§ 160.607). There are exceptions, such as when the presumed father and mother did not live together or have sexual relations around the time of conception and the presumed father never treated the child as his own.
- Acknowledged fathers. Challenges after the rescission period are limited to fraud, duress or material mistake of fact, within a limited time.
- Adjudicated fathers. Overturning a court finding is generally very difficult, with narrow exceptions.
A court can also deny genetic testing in some cases based on the child’s interests and the conduct of the parties. Even when genetic tests show a man is not the father, the outcome depends on timing and the facts. Act quickly if you have doubts.
Rights for Fathers and Mothers in New Braunfels
Establishing paternity protects both parents. Fathers gain enforceable rights to possession and a voice in decisions about the child. Mothers gain the ability to seek support, health insurance and help with expenses. Children gain access to inheritance, benefits and family medical history. Our pages on fathers’ rights and unmarried parents explore those issues further.
Talk With a New Braunfels Paternity Lawyer
Whether you need to establish paternity, respond to a petition, or question an Acknowledgment you signed, our family law attorneys help parents throughout New Braunfels, Comal County and the surrounding counties. New Braunfels Family Law offers a free consultation by phone, video or in person. Call (830) 302-4071. Hablamos español.
Frequently Asked Questions
Does putting the father's name on the birth certificate establish paternity?
Only if it comes from a valid Acknowledgment of Paternity or a court order. For unmarried parents, the father’s name usually goes on the birth certificate because both parents signed an Acknowledgment of Paternity at the hospital or later. That signed form has the same effect as a court finding.
Can a father get visitation without a paternity order?
An unmarried father has no court-enforceable right to possession until paternity is legally established and a court enters orders about conservatorship and possession. Until then, the mother generally decides who the child sees. A paternity case can address both issues at once.
How much does a DNA test cost in a Texas paternity case?
Costs vary by lab and by who orders the test. In Attorney General cases, testing is often arranged through the state. In private cases, the court can order the parties to share the cost and may later assign it to one party. Ask the lab or your attorney for current pricing.
Can a mother be ordered to pay back support to the father?
Support follows the child’s primary residence, not the parent’s gender. If the child has lived mainly with the father, he can seek support from the mother, including retroactive support in appropriate cases.
What is the Texas Paternity Registry?
It is a state registry where a man who believes he may be the father of a child can register to receive notice of an adoption or termination proceeding involving that child. Registering does not establish paternity, but failing to register can affect an unmarried father’s right to notice.
Last reviewed November 13, 2026. General information only, not legal advice.