Establish Paternity With Our San Antonio Paternity Lawyers

Last updated on July 2, 2026

Legally establishing a child’s biological father is crucial for establishing child support, custody arrangements and inheritance rights. At Kell and Quilty, PLLC, our experienced family law attorneys can provide legal guidance and advice throughout the process to establish paternity.

For over 35 years, our firm has been supporting families in San Antonio and Bexar County with their legal challenges, including establishing paternity. Our lawyers understand the complexities of paternity law and will work tirelessly to achieve a fair and legally sound outcome.

How Is Paternity Established In Texas?

If a child’s parents are married, the husband is automatically the presumed father. If the parents are not married, it is necessary to go through a legal process to establish paternity. In Texas, paternity can be established in two primary ways:

  • Voluntary acknowledgment: If the parents agree on who the baby’s father is, they can sign a sworn statement called an Acknowledgment of Paternity (AOP), which identifies the baby’s father and acknowledges the father’s paternity.
  • Filing a lawsuit to determine paternity: When the parents disagree, we can file a paternity action. This court process usually includes court-ordered genetic testing. A DNA test is the most accurate method of establishing paternity.

Establishing paternity gives a father legal rights and responsibilities. Regardless of where you are in the journey of establishing paternity, we can give you and your family the support you need.

Signing A Voluntary Acknowledgement Of Paternity

In Texas, an Acknowledgment of Paternity (AOP) is a legal form that unmarried parents can use to voluntarily establish a father’s legal rights. When both the mother and the biological father sign this document, the father becomes the legal parent.

You can usually sign an AOP at the hospital when your child is born. You can also sign it later at a certified entity like a local child support office. Once the AOP is filed with the Texas Department of State Health Services Vital Statistics Unit, it carries the same weight as a court order.

When Unmarried Parents Separate

Sometimes, parents choose to live together without getting married. When they decide to separate, they cannot file for divorce because no marriage exists. A paternity action is the court process that resolves these disputes instead. In other words, a paternity action gives us the opportunity to ask a judge to issue legal orders.

Through a paternity action, the court can decide important matters like custody, known as conservatorship in Texas. They can also establish visitation and parenting time, which is called possession and access in Texas. In addition, a court can also establish child support obligations. If you are separating from your child’s father, we will work to secure a custody and visitation schedule that works best for your child. We can also ask the court to enter a fair order for child support.

Establishing Paternity To Secure Inheritance Rights

Establishing paternity is essential if you want your child to have a legal right to inherit from their father. If a father dies intestate and without a will, Texas laws determine who inherits his property. In Texas, when parents are married, the law automatically assumes the child is the heir of the husband. However, if the parents are not married, the child does not automatically become the legal heir of the father.

When you establish paternity, you clarify the child’s relationship to the father and protect the child’s financial future and rights to:

  • Estate assets: Inheriting real estate, bank accounts or other property.
  • Trust funds or insurance proceeds: Accessing funds where the child is named as a beneficiary.
  • Social Security benefits: Qualifying for survivor benefits if the father dies.

If paternity was never established, the child might have no legal standing to claim any part of a father’s estate. Even if the father leaves a will, legally establishing paternity prevents future disputes. By establishing paternity, we secure your child’s legal place in the family. This protects their right to claim any inheritance or benefits they are due.

Answers To Commonly Asked Questions About Establishing Paternity In Texas

Our paternity lawyers know that Texas laws and the paternity process in Texas can be confusing and you can have a lot of questions. Here, they answer some of the questions they are commonly asked. For answers to questions about your specific case, they are available by appointment for initial consultations.

Why is it important to establish paternity?

Establishing paternity is critical for the child and both parents. The child gains a legal tie to their father. This link secures rights like inheritance, Social Security benefits and medical history. The father gets legal rights to seek conservatorship or custody as well as possession and access, also known as visitation. These rights allow him to participate in raising his child. For mothers, it gives them the right to seek child support and health insurance coverage from the child’s father. Establishing paternity protects your child’s future.

Who has to pay for a court-ordered paternity test?

If paternity is contested, the court can order the father to submit to genetic testing, usually a DNA test. Usually, the alleged father has to pay for the initial paternity test. However, who is ordered to pay for the test will often depend on the facts and circumstances of your case.

What is the Texas father’s paternity registry?

The Texas paternity registry is a confidential state-run database. It allows a man who is not married to the child’s mother to register as the potential father of a child. It is formally called the Texas putative father registry. The registry’s main purpose is to give an unmarried biological father a chance to be notified if the mother of his child decides to place the child for adoption.

Why is it important for fathers to register their paternity?

If you believe you may have fathered a child and the mother plans to place the child for adoption, it is important to register with the putative father registry. If you do not register, the law may assume you have given up your right to notice of an adoption. This can make it much harder, or even impossible, for you to step in and assert your parental rights and prevent an adoption.

Registering provides you with the legal right to be informed of the adoption proceedings. However, registering does not automatically establish legal paternity. It is only a notification tool in adoption cases. To gain full legal rights and responsibilities, you still need to follow the proper legal steps to establish paternity, such as signing an Acknowledgment of Paternity (AOP) or obtaining a court order.

Why is it important for mothers to check the putative father registry?

When a mother is putting a child up for adoption, checking the registry is an essential step. It helps ensure that all potential fathers have been properly notified and that the adoption process is legally sound and valid.

What happens if a mother is married to someone else when she has my baby?

If a mother is married when her child is born, Texas law names her husband the presumed father. This is true even if he is not the biological father. Overcoming this presumption requires specific legal steps. The biological father and the mother must simultaneously sign an Acknowledgment of Paternity. In addition, the mother’s husband must sign a denial of paternity. If the presumed father refuses to sign the denial, our experienced paternity lawyers can help you evaluate your options and work with you to establish the truth.

How can a San Antonio paternity lawyer help?

At Kell and Quilty, PLLC, our family lawyers provide a wide range of guidance and advice regarding family law challenges in Texas. Our skilled paternity lawyers can help you with:
  • Establishing paternity through voluntary acknowledgment or genetic testing
  • Calculating child support obligations
  • Negotiating child custody and visitation arrangements
  • Enforcing existing child support orders
  • Addressing inheritance rights related to paternity

Establishing paternity is crucial to securing your child’s financial and emotional well-being. At Kell and Quilty, PLLC, our paternity lawyers will work with you to determine the most effective course of action and advocate for your child’s best interests.

Talk To A San Antonio Paternity Lawyer

Our legal team can give you the support you need. We help families in San Antonio and across Bexar County. Schedule a consultation with us to discuss your specific situation and learn how we can help you protect your child’s future. Call us at 210-904-0282 or send us a message to make an appointment.