Pro Se AcademyPaternity
Establishing a child's legal father by acknowledgment or court order.
1. Acknowledgment vs. court order
- Explain an Acknowledgment of Paternity (AOP).
- Describe when genetic testing is used.
Parents can establish paternity without court by signing an Acknowledgment of Paternity (Tex. Fam. Code ch. 160 subch. D). A signatory may rescind an AOP within 60 days, or before the first court proceeding about the child, whichever is earlier. After that, a challenge is limited to fraud, duress, or material mistake of fact, and generally must be filed within four years after the acknowledgment becomes effective (Tex. Fam. Code § 160.307, 160.308). A court case to adjudicate parentage can include custody, possession, and support orders, and the court may order genetic testing (Tex. Fam. Code ch. 160 subch. F).
TexasLawHelp.org notes that paternity cases can be complicated and suggests considering the OAG (free) or a private lawyer. Its guide: I need a paternity order.
Practice questions
Practice 1. Unmarried parents signed an AOP at the hospital. Five weeks later, and before any court case, the father has doubts. What option does he have?