How Long Does a Father Have to Establish Paternity in Texas?

Posted Jun 25, 2025 by Mary E. Ramos | Child Custody

How long does a father have to establish paternity in Texas? It’s a question that often arrives too late—after the baby is born, after the breakup, after rights have started to slip through your fingers. But the answer is clear: Under Texas law, a father typically has four years from the child’s birth to challenge paternity in court unless certain exceptions apply. But waiting even a fraction of that time can affect your ability to be meaningfully involved in your child’s life.

If you’re unsure where to start, you don’t have to figure it out alone. At Ramos Law Group, PLLC, our experienced family law attorneys will walk you through every step, help you establish your rights, and create a plan that protects your future as a father.

Why Paternity Matters Both Legally and Personally

There’s no getting around it: Paternity is the legal foundation for fatherhood. In Texas, you don’t automatically have parental rights if you weren’t married to the child’s mother when the child was born. That means no custody, no visitation, and often no say.

Establishing paternity gives you:

• The legal right to seek custody or visitation;
• The ability to make decisions about your child’s upbringing;
• A say in your child’s healthcare, education, and welfare; and
• The chance to build a relationship that’s recognized and protected by law.

Without formal recognition, your role as a father may exist in feeling, but not in law. And unfortunately, feelings won’t hold up in family court.

How Long Does a Father Have to Establish Paternity in Texas?

Let’s break down the statute. Under the Texas Family Code, the time limit to file a suit challenging or establishing paternity depends on the specific  circumstances.

If the Child Has No Presumed Father

There is no time limit to establish paternity. You can file a Petition to Adjudicate Parentage at any time during the child’s life, even into adulthood. But waiting has consequences. The longer you delay, the more complicated the emotional and legal landscape becomes.

If the Child Has a Presumed Father (e.g., Mother’s Husband)

A father who wants to challenge the presumption must file within four years of the child’s birth unless:

• The presumed father was misled into believing he was the biological father, or
• The biological father did not know about the child, and acted promptly after learning.

The clock starts ticking the moment the child is born. How long does a father have to establish paternity when another man is presumed to be the father? Just four years, unless you meet one of those two statutory exceptions.

How Can a Father Establish Paternity?

You have two main options in Texas.

Voluntary Acknowledgment of Paternity (AOP)

An AOP is the most straightforward path. Both parents sign an AOP form, usually at the hospital. Once filed with the Texas Vital Statistics Unit, it becomes a legal finding of paternity, equivalent to a court order (although it contains no parenting provisions such as child support or custody). 

Court-Ordered Paternity Testing

If there’s a dispute or the mother refuses to cooperate, the court can order that the child be produced for genetic testing so that parentage may be determined. Testing is typically initiated by filing a Petition to Adjudicate Parentage. Once paternity is confirmed, the court can issue orders regarding:

• Child support,
• Child Custody (conservatorship), and
• Visitation (possession and access).

How long does a father have to establish paternity through the court if there’s no cooperation? The sooner you act, the stronger your legal position. While you can technically pursue some rights until the child turns 18, delay weakens your influence.

What Happens If You Miss the Deadline?

If you fail to file within the required timeframe, especially in cases involving a presumed father, you may lose your legal right to assert paternity. That means:

• You may not be recognized as the legal father even with a genetic test,
• You may not be granted visitation or custody, and
• You could be ordered to pay child support if someone else establishes paternity first.

Even if your rights remain technically available, courts heavily weigh the child’s best interests. A judge may be reluctant to disrupt an established parental relationship, even if biology tells a different story.

 Why Work with Ramos Law Group, PLLC?

Because establishing paternity isn’t just about DNA, it’s about your future, your child, and your ability to show up in both. That’s not something you should trust to just anyone.

At Ramos Law Group, we’ve helped hundreds of fathers secure their rights and establish meaningful, court-recognized roles in their children’s lives. We bring:

• A Board-Certified Family Law Specialist, Mary E. Ramos;
• A+ BBB rating and AVVO 10 score;
• Recognition by Expertise.com and Super Lawyers;
• Deep familiarity with Texas family courts and judges; and
• An unwavering commitment to privacy, discretion, and efficient resolution.

Whether you’re a business executive navigating reputational concerns or a father who just wants to do right by his child, we can help you take action quickly, strategically, and without unnecessary drama.

Let’s Make This Official

Texas law gives you options, but not forever. Don’t wait until rights slip through your hands. At Ramos Law Group, PLLC, we offer more than legal knowledge. We offer clarity. Strategy. And the power to move forward. Schedule your consultation today. We’ll answer your questions, create a custom action plan, and give you the tools to protect what matters most—your role as a father.

Last Updated on June 25, 2025 by Mary E. Ramos

Mary E. Ramos

Mary E. Ramos is Board Certified in Family Law by the Texas Board of Legal Specialization. She is recognized and respected throughout the Houston legal community for dedication in effectively representing clients’ rights and interests. Mary understands the emotional side of divorce and brings a special compassion to each and every case.