How to Get a Court-Ordered Paternity Test in Texas

Establishing paternity is an important step for unmarried parents in Texas. A paternity test can provide clarity on a child’s biological father, which impacts custody rights, visitation, child support, and more.

In some cases, a court order may be necessary to compel an alleged father to take a paternity test. This article explains how to navigate the process of getting a court-ordered paternity test in Texas.

Understanding Paternity in Texas

In Texas, when a child is born to married parents, the husband is presumed to be the father. However, for unmarried parents, paternity must be established voluntarily or through a court order. Establishing paternity gives the child a legal father and grants the father certain rights and responsibilities.

There are two main ways to establish paternity in Texas:

1. Acknowledgment of Paternity (AOP): This is a voluntary process where the mother and alleged father sign a legal document acknowledging paternity. An AOP can be signed at the hospital when the child is born or later through the Texas Vital Statistics Unit.
2. Court order: If the alleged father disputes paternity or refuses to sign an AOP, a court order may be necessary to establish paternity. This process involves filing a lawsuit called a Suit to Adjudicate Parentage.

Reasons to Seek a Court-Ordered Paternity Test

There are several situations where a parent or legal guardian may need to seek a court-ordered paternity test in Texas:

• The alleged father denies paternity and refuses to sign an AOP
• The mother is seeking child support from the alleged father
• The alleged father wants to establish his parental rights
• The child’s parentage is in question due to multiple potential fathers
• The child needs access to family medical history or benefits like inheritance, insurance, or Social Security

Filing a Suit to Adjudicate Parentage

To get a court-ordered paternity test, you must file a Suit to Adjudicate Parentage in the county where the child resides. This legal action asks the court to determine the child’s biological father and issue orders for custody, visitation, and support.

Who Can File

A Suit to Adjudicate Parentage can be filed by:

• The child’s mother
• The alleged father
• The child (through a legal representative)
• The Texas Attorney General’s Office (if the child is receiving public assistance)

Required Forms

To begin the process, you’ll need to complete and file a Petition to Adjudicate Parentage. This form asks for information about the child, the petitioner, and the alleged father. You’ll also need to file a Statement of Paternity declaring under oath that the alleged father is the child’s biological father.

Additional forms may be required depending on your specific circumstances, such as a request for temporary orders or a waiver of service.

Filing Fees

Filing a Suit to Adjudicate Parentage typically involves a fee, which varies by county. Contact your local district clerk’s office for current fee schedules. If you can’t afford the fees, you may be able to file a Statement of Inability to Afford Payment of Court Costs to request a waiver.

Serving the Alleged Father

Once your petition is filed, the alleged father must be formally notified through a process called service of process. The court clerk will issue a citation that must be served on the alleged father, along with a copy of your petition.

Service can be accomplished in several ways:

• Personal service: A sheriff, constable or private process server hand-delivers the documents to the alleged father.
• Substitute service: If the alleged father is difficult to locate, the court may allow service by leaving the documents with someone over age 16 at his residence or workplace.
• Service by publication: If the alleged father can’t be located, the court may permit service by publishing notice in a newspaper.

Genetic Testing

After the alleged father is served, he has the opportunity to respond to your petition. If he admits paternity, the court can enter an order establishing him as the legal father without further testing.

However, if the alleged father denies paternity, the court will likely order genetic testing. The court’s order will specify deadlines for completing the test and may assign costs to one or both parties.

Genetic tests for paternity cases must be performed by an accredited lab. The most common method is a cheek swab to collect DNA samples from the child, mother, and alleged father. The lab then analyzes the DNA to determine the probability of paternity.

In Texas, a man is presumed to be the father if genetic testing shows at least a 99% probability of paternity. Paternity test results are typically available within a few weeks.

The Court’s Ruling

After receiving the genetic test results, the court will issue an order adjudicating parentage. If the test confirms the alleged father is the biological father, the court will enter an order establishing legal paternity. This order will also address conservatorship (custody), possession and access (visitation), and child support.

If the test excludes the alleged father, the court will enter an order declaring he is not the child’s legal father. The case will be dismissed, and the man will have no further parental rights or obligations to the child.

Get Help from a Paternity Lawyer

If you’re seeking a court-ordered paternity test in Texas, it’s wise to consult with an experienced family law attorney.

A paternity lawyer can help you understand your rights, complete the necessary paperwork, and represent your interests in court. Having knowledgeable legal counsel can streamline the process and improve your chances of a favorable outcome.

For assistance with a paternity case in Texas, contact the Law Office of Aimee Stritchko. Our team is dedicated to helping clients resolve paternity disputes and achieve their family law goals. Call us today to schedule a consultation.