Challenging Presumed Paternity in Texas: What You Need to Know

Have you ever been told you are a child’s legal father even though your heart tells a different story? A presumption like that controls child support, medical decisions, and visitation, so the stakes feel enormous. At The Jackman Law Firm, we have helped parents face these issues across Texas since 2014, always aiming to provide clear guidance during tense moments. The next pages outline the law on presumed paternity, ways to contest it, and the part DNA plays in sorting truth from doubt. This text is educational only and does not create an attorney-client bond.

Paternity Establishment in Texas: An Overview

Texas gives every child a legal father, and that label affects support, custody, and inheritance. Texas Family Code lists three main ways that this label is created, and each path carries different rights and hurdles if questions later arise.

Below are the most common routes:

• Presumption of Paternity: The husband is viewed as the father when the child is born during the marriage or within 300 days after the marriage ends.
• Voluntary Acknowledgment: Both parents sign an Acknowledgment of Paternity (AOP) and file it with the Vital Statistics Unit.
• Court Order: A judge declares the man to be the father, often after genetic testing.

Knowing which path applies in your case shapes the strategy for any future challenge.

Grounds for Challenging Paternity

A presumed father might challenge paternity when new facts surface or when long-standing doubts refuse to fade. Texas law allows challenges on a handful of legal grounds that aim to balance truth with the child’s stability.

Common grounds include:

• Faulty laboratory work, such as mislabeled DNA samples.
• Fraud or misrepresentation, for example, being told no other man could be the father.
• Mistake of fact, where both adults honestly but incorrectly believed the man was the biological parent at the time the paperwork was signed.

These grounds matter during suit filings and during the court’s initial hearing on whether testing should be ordered.

Methods for Challenging Paternity in Texas

The Family Code offers several vehicles for men seeking to rebut a presumption or undo earlier paperwork. Your approach depends on timing and the kind of document already in place.

Rescinding an Acknowledgment of Paternity (AOP)

An AOP can be pulled back within 60 days by filing a “Rescission of Acknowledgment of Paternity” with the Texas Vital Statistics Unit. The filing must land before the 60th day or before any lawsuit about the child begins, whichever arrives first. The process is administrative, quick, and free, yet the tight window closes fast.

Suit to Adjudicate Parentage

When the 60-day window closes or when a presumption, not an AOP, is at stake, the next step is a Suit to Adjudicate Parentage. Either the parent, the child, or the Office of the Attorney General can file. The court typically orders DNA testing and, if the result excludes the presumed father, issues an order disestablishing paternity. Though the statute generally limits such suits to four years after birth, exceptions apply where fraud or duress blocked an earlier filing.

Challenging Paternity Based on Fraud, Duress, or Mistake

After the 60-day rescission period, an AOP or DOP can only be attacked in court by showing fraud, duress, or a material mistake of fact. The challenger files a new case before any final order regarding the child is entered. Evidence can include text messages, sworn statements, or genetic reports casting doubt on the original acknowledgment.

The Vital Role of DNA Testing

Nothing cuts through uncertainty like a well-run DNA test. Texas Family Code Section 160.502 lets either parent or the Attorney General ask the court for genetic testing. Accredited laboratories compare swabs from the mother, child, and presumed father and deliver results with probability levels above 99.9 percent when there is a match.

Key points to remember:

• If the court orders testing and a party refuses to appear, the judge can enter a default ruling.
• Courts rely on accredited labs, not over-the-counter kits, to protect accuracy.
• Results that exclude the presumed father usually lead the court to disestablish paternity in the same proceeding.

DNA evidence is powerful, yet it only helps when used within the statute’s filing deadlines described below.

Potential Legal Outcomes of a Paternity Challenge

Success in court reshapes legal rights in more than one way. First, future child support ends on the date the order is signed, though arrears that built up earlier still must be paid. Second, the parent-child relationship is terminated, which means custody and visitation evaporate unless the court fashions another arrangement in the child’s best interest. Third, the Vital Statistics Unit updates the birth certificate, clearing a path for the biological father to step in if desired.

Deadlines and Statutes of Limitations

Missing a deadline can freeze an incorrect paternity finding in place, so timing deserves careful attention. The table below sums up the main limits.

Texas Paternity Challenge Deadlines

While the chart looks simple, real life rarely is. Speaking with counsel soon after doubts arise helps you avoid a race against the calendar.

Contact The Jackman Law Firm for Assistance with Your Paternity Case

Since 2014, The Jackman Law Firm has stood beside Texas parents in paternity, custody, and support disputes. Our lawyers listen first, then craft clear plans that fit each family’s facts. You do not have to face confusing paternity rules on your own. Feel free to call us at 844-303-0001 or visit our contact page to set up a consultation. Our team fights hard to protect your rights while keeping the child’s well-being front and center. Speak with us today and start moving toward peace of mind.