How to Get a Paternity Test in Texas (& What It Means for Child Support and Custody)

If you’re getting ready to take a paternity test in Texas, you’re likely looking for clarity—whether it’s for peace of mind, establishing parental rights, or determining support and custody arrangements.

In Texas, establishing paternity is a straightforward process, but it’s one that carries significant implications for both parents and the child. Knowing what to expect and understanding how paternity can impact child support and custody can make all the difference.

When is a Paternity Test Needed in Texas?

In Texas, a paternity test may be necessary in several situations:

• The child’s parents were not married when the child was born
• The alleged father disputes or is uncertain about paternity
• The mother is seeking child support from the alleged father
• The alleged father wants to establish his parental rights

If the alleged father voluntarily acknowledges paternity, a paternity test may not be required. However, if there is any doubt or disagreement about paternity, a DNA test is the most accurate and legally recognized way to confirm the biological father’s identity.

Types of Paternity Tests Available

There are several types of paternity tests available in Texas, each with its own advantages and legal considerations.

Home Paternity Test Kits

Home paternity test kits can be purchased online or at drugstores. These kits typically use a cheek swab to collect DNA samples from the alleged father, child, and sometimes the mother. The samples are then mailed to a lab for analysis.

While home tests offer convenience and privacy, they are not legally admissible in court. If you need results for legal purposes like child support or custody, you’ll need to get a legal paternity test.

Legal Paternity Tests

A legal paternity test, also known as a court-admissible test, follows a strict chain of custody to ensure the accuracy and integrity of the results. This process usually involves:

1. Scheduling an appointment at an accredited laboratory or clinic
2. Providing legal identification and consent forms
3. Having a trained professional collect DNA samples from the alleged father, child, and sometimes the mother
4. Securing the samples and delivering them to the lab for testing
5. Obtaining certified lab results that can be submitted as evidence in legal proceedings

The cost of a legal paternity test varies but typically ranges from $300 to $500, plus additional fees for court admissibility. In some cases, the court may order the alleged father to pay for the test.

Prenatal Paternity Tests

In some situations, you may wish to establish paternity before the baby is born. Non-invasive prenatal paternity tests are available, using a blood sample from the mother and a cheek swab from the alleged father. These tests can be performed as early as seven weeks into the pregnancy.

However, prenatal tests are not considered legally admissible in court. If you need results for legal purposes, you’ll need to follow up with a legal paternity test after the baby is born.

The Legal Process for Establishing Paternity in Texas

If you need to establish paternity for legal purposes like child support or custody, you’ll need to follow the proper legal process in Texas.

Here are the basic steps:

1. File a Petition to Adjudicate Parentage with the court
2. Serve the alleged father with the petition and a notice to appear in court
3. Attend a court hearing where a judge will order genetic testing
4. Schedule and complete the court-ordered paternity test
5. Return to court for the results and determination of paternity
6. If paternity is established, the court will issue orders for child support, custody, and visitation as appropriate

In some cases, the alleged father may voluntarily acknowledge paternity and agree to orders without requiring a paternity test. However, if paternity is disputed, the court will almost always order a legal DNA test before making any orders.

What Happens After Paternity is Established?

Once paternity is legally established in Texas, the biological father gains both rights and responsibilities related to the child. This usually includes:

• The right to pursue custody and visitation
• The obligation to pay child support
• The right to have his name added to the child’s birth certificate
• The right to be involved in legal decisions about the child’s upbringing, education, and medical care

If you anticipate issues with custody or support after establishing paternity, it’s important to work with an experienced family law attorney who can advocate for your interests and your child’s well-being.

How Our Texas Paternity Lawyers Can Help

The legal side of establishing paternity can be overwhelming and emotionally draining. That’s where we come in. If you’re looking to get a paternity test in Texas, our team of compassionate family law attorneys is here to guide you through the process and protect your parental rights.

At the Law Office of Aimee Stritchko, we get how important it is to establish paternity for your child’s future. We can help you with everything from filing court papers to arranging legal DNA testing to advocating for your interests in any custody or support proceedings.

If you’re dealing with a paternity issue in Texas, give the Law Office of Aimee Stritchko a call today to set up a consultation with one of our paternity attorneys. We’re here to help you through this challenging time and protect your bond with your little one.