Q: Veteran seeking advice on disestablishing paternity and child support in TX

A: Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological connection and creates enforceable obligations, including potential liability for child support.

To challenge this presumption, you must file a petition to adjudicate parentage under Texas Family Code § 160. However, in most circumstances, Texas imposes a strict four-year statute of limitations for challenging presumed parentage. If you accepted the child as your own and supported the child, the court may find it is not in the child’s best interest to disestablish parentage, particularly if doing so would leave the child without two legal parents. Texas courts give significant weight to the stability and welfare of the child, especially when a person has taken on a parental role. You would need a DNA test to prove you are not the father, or a denial of paternity, along with an acknowledgment of paternity by someone else. Be aware that Texas courts do not allow disestablishment if the legal relationship has been affirmed through prior court orders or if you also signed an Acknowledgment of Paternity form (usually done at the hospital).

Given the legal and procedural complexity, you should consult a Texas family law attorney with experience. If you cannot afford an attorney, organizations such as Houston Volunteer Lawyers, Lone Star Legal Aid, and TexasLawHelp.org offer free or low-cost resources, including forms and guidance.

A: You’re in a complex position, but Texas law does provide a legal process to challenge paternity. Since you’re listed as a parent on the birth certificate, the law presumes you to be a legal parent with obligations, including child support. However, because the child is not biologically yours and was conceived outside the relationship, you can petition the court to disestablish paternity as part of the divorce.

You’ll need to file an Original Petition to Disprove Parentage under Texas Family Code § 161.005. The court will likely require genetic testing or evidence confirming that the child is not biologically related to you. The sooner this is filed, the better—Texas imposes strict time limits, especially if the presumed parent has acted in a parental role. Your history of financial support and emotional involvement may weigh heavily, so it’s important to act before any formal support order is entered.

Make this part of your divorce proceeding from the start. Address parentage, child support, and property division all in one filing. If the court finds you were misled or there was no intent to assume permanent parental responsibility, it may rule in your favor. But time and documentation are critical. Stand firm and pursue a clean legal break now before obligations are cemented by court orders.