Austin Paternity & Father's Rights Lawyer

Written by Eric M. Willie, Austin family law attorney since 1998 · Legal content reviewed October 20, 2026

Establishing Paternity in Texas

When parents are not married, the father has no legal rights to the child until paternity is formally established. A birth certificate alone does not establish paternity — it must be established through one of three methods:

Acknowledgment of Paternity (AOP): Both parents sign a voluntary acknowledgment form, typically at the hospital after birth. This can be signed later at the Texas Vital Statistics office. The AOP gives the father legal parentage and allows his name on the birth certificate.

Marriage Presumption: If the parents were married at the time of birth, the husband is presumed to be the father. This presumption can be challenged through DNA testing if there is a question of biological parentage.

Court-Ordered Paternity: When paternity is disputed, either parent can petition the court for a determination. The court orders DNA testing (99%+ accuracy) and issues a paternity judgment. Eric handles contested paternity cases in Travis County and surrounding courts.

Father's Rights in Austin Custody Cases

Once paternity is established, fathers have EQUAL legal rights to custody and visitation. Texas law does not favor mothers over fathers — the standard is the best interest of the child. Eric regularly represents fathers seeking primary custody and equal possession.

However, establishing paternity alone does not automatically grant custody or visitation. The father must separately petition the court for a custody and possession order. Until this order exists, the mother has sole authority over the child. Eric files paternity and custody petitions simultaneously to protect fathers' rights as quickly as possible.

Fathers seeking primary custody should document their involvement: school pickup and dropoff, medical appointments, homework help, meal preparation, bedtime routines, extracurricular activities. This evidence demonstrates active, engaged parenting. Read our blog post 'Fathers Really Do Win Custody' for more on this topic.

Challenging Paternity in Texas

If you believe you are not the biological father of a child but are listed on the birth certificate or have been paying support, you can petition to terminate the parent-child relationship. DNA testing can disprove biological connection. However, Texas imposes time limits and considers whether the man held the child out as his own.

Similarly, if you believe you ARE the biological father but another man is listed on the birth certificate (because the mother was married at the time), you can petition to establish your paternity. These cases are time-sensitive — contact an attorney immediately.

Child Support Obligations After Paternity

Once paternity is established, the father has a legal obligation to pay child support. Texas guidelines apply: 20% of net resources for one child, 25% for two, and so on. If the mother has been the primary caregiver, support may be ordered retroactively to the date of the child's birth — potentially years of back support.

Fathers who voluntarily pay support without a court order should keep detailed records. Without a court order, voluntary payments may not be credited toward any future support obligation. Eric establishes formal support orders that protect both parents' rights. See our child support page for detailed information on calculations and enforcement.

Putative Father Registry in Texas

The Texas Vital Statistics Unit maintains a Paternity Registry where unmarried men can register as the potential father of a child. Registration must occur before the child is 31 days old. If a man registers and the child is later placed for adoption, the man must receive notice and has the opportunity to assert his parental rights. Failure to register can result in permanent loss of parental rights if the child is adopted.

Father's Rights in Unmarried Parent Disputes

Until paternity is formally established, an unmarried father has NO legal rights to custody, visitation, or decision-making for his child — even if his name is on the birth certificate. The birth certificate is not a legal determination of paternity. This means the mother can move with the child, make all medical and educational decisions, and deny the father contact without legal consequence.

Establishing paternity and immediately filing for a custody order is critical. Eric files both petitions simultaneously. Once a court order establishes the father's rights, the mother cannot unilaterally deny possession, change schools, or relocate without court approval. Father's rights are equal to mother's rights under Texas law — but only after they are formally established through the court system.

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